The All India Reporter 1950 - Rajasthan Section with Parallel References to 51 Criminal Law Journal Citation: A.I.R. (37) 1950 Rajasthan

The contention of the learned counsel was that there was an agreement between the plaintiff and the vendee that in case the latter let out the house to Amiruddin the plaintiff would relin- quish his right to pre-empt the sale. [...] It is this unhappy phraseology of the plaint which has suggested a contention to the mind of the learned counsel for the defendant at a very late stage of this litigation and that is that since the plaint was confined to a rendition of account relating to the business done by the Government of Jodh- pur only and the partnership had maintained a common account for both the businesses and the accoun [...] For the purpose of the disposal of of this appeal it is not necessary to recite the pleadings in detail and it will be sufficient to state that after the suit had been dismissed by the lower appellate Court there was a second appeal to this Court and the contention raised by the defendant Asaram was stoutly put for ward and that was that as a matter of fact no deed of partnership had been executed [...] Since it was conceded that the accounts of the partnership were not properly gone into by the clerk who had been appointed as a commissioner the case was remanded to the trial Court with a direction to appoint another commissioner for the purpose of going into the accounts already produced by the parties and dispose of the case afresh after considering the commissioner’s report and the objection b [...] The learned Public Prosecutor also referred to the statements of the above mentioned witnesses for the purpose of relying upon another piece of corroboration and that was the recovery of the 'Farsi' from the house of the accused and also the bleodstained earth and stones.