'S' carried on business in particular name and died intestate and some of his legal heirs continued business under same name and style after death of 'S' - Plaintiff claimed share in profits of firm earned and legal heirs who carried on business are legally bound to render accounts till the date on wich the firm get dissolved.

Citation

2005 (3) CTC 308 (Mad)

IN THE HIGH COURT OF MADRAS

P. Sathasivam and S.K. Krishnan, JJ.

O.S.A.No. 278 of 1997 C.M.Ps. Nos. 11390 of 1996, 13128 of 1997 and 6843 of 1998.April 28, 2005

Sarojini, Recorded as Legal Rep. of the Deceased-1st Defendant                    ...Appellant

...Vs...

Kumari Bhagyavathi and Others                                                                      ...Respondent

Code of Civil Procedure, 1908, Section 2 - Decree - Finding on right of plaintiff to get rendition of accounts from defendant given by Court in course of Judgment - Such finding did not find place in operative portion of the judgment - Failure to state such finding in result portion would not affect the validity of such result and would be still binding on defendant. [Paras 12,13 & 21]

Partnership Act, 1932, Sections 16 & 50 - 'S' carried on business in particular name and died intestate and some of his legal heirs continued business under same name and style after death of 'S' - Plaintiff claimed share in profits of firm earned and legal heirs who carried on business are legally bound to render accounts. [Paras 17 & 22]