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PETITIONER: SETH BADRI PRASAD AND OTHERS
Vs.
RESPONDENT: SETH NAGARMAL AND OTHERS
DATE OF JUDGMENT: 09/12/1958
BENCH: DAS, S.K. BENCH: DAS, S.K. IMAM, SYED JAFFER KAPUR, J.L.
CITATION: 1959 AIR 559 1959 SCR Supl. (1) 709 CITATOR INFO : R 1965 SC 304 (4) R 1979 SC1165 (15) D 1988 SC1531 (185)
ACT: Maintainability of Suit-Unregistered company-Suit by members for accounts-New Point-Rewa Companies Act, 1955, s. 4(2) Indian Partnership Act, 1932 (IX of 1932), s. 69(3)(a).
HEADNOTE: When cloth control was introduced in Rewa State, 25 cloth dealers of Budhar, including the thirteen appellants, formed themselves into an Association to collect the quota of cloth to be allotted to them and to sell it on profit. The Association functioned through a President and a pioneer worker; they kept accounts and distributed profits. After cloth had been decontrolled and the work of the Association had come to an end, the appellants filed a suit against the first respondent for rendition of accounts for a portion of the period that he had been President of the Association and for realisation of the -amount found due with interest. The suit was decreed by the trial Court but was, on appeal, dismissed by the judicial Commissioner. In appeal before the Supreme Court, the first respondent raised, for the first time, a p...