11, Gyan bapika Fatak in the city of Benaras at or for the price of Rs.
Diverse sums of money were also credited in to the said account of the plaintiff since the 7th August, 1951.
I emphatically deny that I have overdrawn my account as alleged or at all.
The facts relating to the matter may be set out in a short companypass.
In September 1948 the first respondent filed suit No.
9,09,500/ was adjusted by transferring certain properties to the first respondent.
They were also the managing agents of the private limited companypanies, Shree Radhakissen Cotton Mills Co. Ltd., and Goenka Properties Ltd. On the death of one of the partners in 1940, his son the first respondent, became a partner of the firm.
There are large sums number due from the said firm to me.
10,52,301/ 11/8 pies or such sum as should be finally ascertained and entered the parties as members of the firm of Sadhuram Tularam with its branches would within three months from the date of the passing of the decree mentioned in the agreement sell and transfer to Madhav Prasad Goenka or his numberinee, Sree Goenka Mills at Shivpur, District Benaras and house properties being premises No.
3059 of 1948 without recourse to a fresh suit treating these presents as the decree binding upon the parties.
2 That in further part liquidation of the sum of Rs.
The first respondent filed a reply affidavit the relevant portion of which reads With reference to paragraphs 16 and 17 of the said affidavit I say that subsequent to the said agreement dated 7th August 1951 the business of the said firm of Sadhuram Tularam was companytinued.
Various sums of money were credited and debited to my account in the said partnership since 7th August 1951 and also after 4th September 1951.
On 7.8.1951 the suit was decreed in terms of an agreement, the relevant parts of which we are setting out below That the parties Keshav Prasad Goenka of the first part Mannalal Goenka and Ratanlal Goenka of the second part and Madhav Prasad Goenka of the third part would carry on the business of Commission Agents under the firm name of Sadhuram Tularam with branches at various places under different names and styles as heretofore and the said parties would each have one third share therein and would execute and enter into a partnership for the purpose.
Pending the suit a sum of Rs.
Four persons, including the first respondent, founded a partnership under the name of Sadhuram Tularam.
Alagiriswami, J. This appeal by certificate is against the judgment of the Division Bench of the Calcutta High Court dismissing the appellants appeal against the judgment of a learned Single Judge who upheld the right of the first respondent to execute a companypromise decree.
3059 of 1948 for dissolution of the partnership.
