PREM BALLABH KHULBE versus MATHURA DATT BHATT

PREM BALLABH KHULBE versus MATHURA DATT BHATT

In absence of special circumstances, a partner is not regarded as a trustee or bound to account in a fiduciary capacity for purposes of cl. (c) of the proviso to s. 51, Code of Civil Procedure; decree for overdrawn amounts does not satisfy the condition for detention in prison.

Parties
Appellant: Prem Ballabh Khulbe; Respondent: Mathura Datt Bhatt
Jurisdiction
India
Judgment Date
16 December 1966
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgment and Decree Dated March 3, 1960 in Execution First Appeal No. 332 of 1956
Outcome
Appeal dismissed
Legal Topics
Execution of Decree, Fiduciary Capacity, Partnership Accounts
Civil Procedure Partnership Law Execution of Decree Fiduciary Capacity Partnership Accounts

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Parties

Prem Ballabh Khulbe

Appellant

Mathura Datt Bhatt

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgment and Decree Dated March 3, 1960 in Execution First Appeal No. 332 of 1956

Legal Issues

  1. 1 Whether a partner is bound to account in a fiduciary capacity for partnership assets under cl. (c) of the proviso to s. 51, Code of Civil Procedure 1908

Ratio Decidendi

In absence of special circumstances, a partner is not regarded as a trustee or bound to account in a fiduciary capacity for purposes of cl. (c) of the proviso to s. 51, Code of Civil Procedure; decree for overdrawn amounts does not satisfy the condition for detention in prison.

Court Disposition

Appeal dismissed

Orders

  • There will be no order as to costs.