Suit for Account against ‘Karta’ of a Joint Family.
Plaint:
1. The plaintiff and the defendant are brothers. They are members of a Joint Hindu Family. The plaintiff was a minor aged about 14 years when his father died on
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ADVERTISEMENTS:
unqualified, or an admission qualified by a condition which is fulfilled. An unqualified admission and an admission qualified by a condition which is fulfilled stand precisely upon the same footing, and both within Section 18.
Ingredients of Section 18 and essentials of a valid acknowledgement-
To constitute a valid acknowledgement and thus to give a fresh period of limitation under this section, the following conditions must be satisfied-
ADVERTISEMENTS:
2. The acknowledgement must have been made by the party against whom the right is then claimed or by any person through whom he derives his title or liability.
3. The acknowledgement must be in writing; however, if the acknowledgement is undated, oral evidence may be given of the time when it was signed.
4. Such acknowledgement must have been signed by the party, his agent or the party against whom the right is then claimed or by any person through whom he derives his title or liability.
5. The acknowledgement must be an acknowledgement of liability. It is not necessary that the acknowledgement must also contain a promise to pay; a simple admission that debt is due is quite sufficient under the Indian law. It is otherwise under the English Law, under which an acknowledgement to be effective must also contain import of a promise to pay. Under the Indian Law, it is not necessary that the writing containing the acknowledgement of some right or property should specify exactly what the right is or the exact nature of the property (e.g., exact sum due). Again and this is really extraordinary an acknowledgment will be sufficient for the purposes of the section, even though it is coupled with a refusal to pay, or with a claim to set-off, or with a statement that time for payment has not yet arrived. But all the same it must be an admission of liability; a statement by the debtor implying that there is no liability does not amount to an acknowledgement.
ADVERTISEMENTS:
6. The acknowledgement is not required to be made to the creditor or the person entitled to the right or the property; it may be made to any person, even to one who has no connection with the creditor.
2. Since the death of their father, the defendant has been managing as Karta the properties left by their father. As all the papers and documents in connection with their joint properties are with the defendant, the plaintiff is unable to give the full details of the said joint property. Whatever the plaintiff could gather from vigorous searches is described in the schedule to the plaint.
3. On attaining the majority in………….. the plaintiff requested the defendant to give him all the details of the properties left by their father and inherited by the plaintiff and the defendant jointly and equally. The defendant avoided it on the pretext or another and ultimately refused to disclose the same to the plaintiff on (date)
4. The defendant has not also rendered any account about the income of the joint properties and on the same day, i.e. …(date) refused to render any account to the plaintiff.
5. The cause of action for this suit arose on when the plaintiffs demand for an account was refused by the defendant.
6. The plaintiff and the defendant reside within the jurisdiction of this court.
7. The value for this subject matter of the suit for the purpose of Court fees and jurisdiction is fixed tentatively at Rs. 76,000/-.
The plaintiff therefore prays:
(a) for an account of the receipts and disbursement of the joint family properties since the death of his father, that is (date)
(b) Ascertainment of the plaintiffs share of income derived from the joint family properties.
(c) The payment to the plaintiff is half share of the net income of the joint family properties:
Signature
Verification
Written Statement:
1. The averments of paragraph 1 of the plaint is admitted.
2. The defendant does not admit that all the properties described in the schedule to the plaint are the joint properties of the plaintiff and the defendant. Only the Item No. 1 of the schedule which is their homestead is the joint family property. The remaining properties of the schedule to the plaint are the exclusive properties of the defendant acquired by the defendant with his own money and the plaintiff has no share in any one of them. Since the properties are not joint the question of showing the accounts to the plaintiff does not arise.
3. The other allegations made in the plaint are denied.
4. The plaintiffs suit being speculative is liable to be dismissed with costs.
The plaintiff has got no cause of action.
Signature.
