Respondent number 1, Nagar Mal, was the President of the said Association from January 1946 to June 26, 1946.
47 of 1951, arising out of the judgment and decree dated June 4, 1951, of the Court of Additional District Judge, Umaria, in Civil Original Suit No.
Nagar Mal ceased to be President after June 26, 1946, and Seth Badri Prasad again became President.
Appeal from the judgment and decree dated November 20, 1951, of the former Court of Judicial Commissioner, Vindhya Pradesh, in Civil First Appeal No.
Achhru Ram, B. C. Misra and P. K. Chakravarty, for the respondents.
The appeal was then heard on November 27, 1958.
Before that, Seth Badri Prasad, one of the plaintiffs appellants before us, was the President.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
They, therefore, prayed a that defendant number 1 Nagar Mal be ordered to give the accounts of the Cloth Association, Budhar, from the beginning of the month of April 1946 to June 26, 1946 b that defendant number 1 be ordered to pay the amount, whatever is found due to the plaintiffs on account being done, along with interest at the rate of annas 12 per cent.
On June 25, 1949, thirteen members of the Association out of the twenty five brought a suit, and in the plaint they alleged that respondent number 1, who was President of the Association, from January 1946 to June 1946, had given an account of income and expenditure for the months of January, February and March, 1946, but had given numberaccounts for the months of April, May and June, 1946.
The Judgment of the Court was delivered by K. DAS, J. This is an appeal on a certificate granted by the erstwhile Judicial Commissioner of Vindhya Pradesh, which is number part of the State of Madhya Pradesh.
Accordingly, on October 28, 1958, we adjourned the hearing of the appeal for about a month.
Sardar Bahadur, for the appellants.
December 9.
The Association worked till Febr uary 1948 then cloth was decontrolled and the work of the Association came to an end.
125 of 1955.
17/19/17 of 1950.
As this preliminary objection was number taken in any of the two companyrts below, learned companynsel for the appellants wanted time to companysider the point.
On behalf of respondent number 1, Nagar Mal, who was defendant number 1 in the suit, a preliminary objection has been taken to the effect that the suit was number maintainable by reason of the provisions of s. 4 of the Rewa State Companies Act, 1935, and the appeal filed by the plaintiffs must, therefore, be dismissed.
The Association functioned through a President and a pioneer worker they kept accounts and distributed the profits.
