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Cs No. 8648/16 Amarjeet Singh & Ors vs . Tara Singh & Ors. Page No. 1 /35 on 29 February, 2020

57. Therefore, at the most plaintiff might seek an account or the share in profit only to the extend @ 6 % per annum and even such a claim is barred by limitation by application of article 5 of Schedule I of the Limitation Act. It would be appropriate to rely upon Gopi Nath Vs. Satish Chandra AIR 1964 Allahabad 53 in which it was held that a suit between surviving partners and representatives of deceased partners have to be filed within the period of limitation as contemplated under Section 106 of Limitation Act,1908 (i.e article 5 of Schedule I of Limitation Act, 1963). Accordingly, issue no.3 is decided against plaintiffs and in favour of defendants.
Delhi District Court Cites 11 - Cited by 0 - Full Document

M.M. Valliammai Achi And Ors. vs Kn. Pl. V. Ramanathan Chettiar And Ors. on 30 November, 1967

In Gopi Nath v. Satish Chandra, it is pointed out that the fiduciary relationship between the surviving partners and representatives of a deceased partner as regards his interest in the partnership property which gets statutory recognition under Section 88 of the Trusts Act does not alter the nature of the suit as one filed under Article 106 of the Limitation Act, if for ascertaining the profits of the dissolved partnership an account has to be taken or rendition of accounts by the partners is called for. It is held in that case that Article 106 of the Limitation Act governs a suit by a representative of a deceased partner against the surviving partners who hold the assets in a fiduciary capacity.
Madras High Court Cites 21 - Cited by 11 - Full Document
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