AIR 1942 PRIVY COUNCIL 61

Privy Council

(FROM LAHORE)

Hon'ble Judge(s): Lord Atkin, Lord Romer, Sir Madhavan Nair , JJJ

(A) Practice-Privy Council-Pure question of fact should not be made subject of appeal to Privy Council-Question whether certain items should be allowed on one side or the other in taking accounts of partnership is purely one of fact. Questions whether in taking the account of a partnership certain items should or should not be allowed on one side or the other are purely questions of fact. It cannot be said that they involve any question of principle whatsoever. Such being the case, they most emphatically are not questions that ought to be made the subject of an appeal @page-PC62 to His Majesty in Council, and the decision of the Court below on the various items of an account should be treated as conclusive unless the appellant can prove that the decision is beyond all question erroneous.(Para 62) C. P. C.- ('40) Chitaley, S. 110, N. 17; S. 112, N. 6. ('41) Mulla, Page 401 Pts. (v), (w); Page 403, N. 'Substantial question of law.' (B) Interest-Subsequent to suit. The rate of interest to be allowed after the institution of the suit is entirely a matter within the discretion of the Court.(Para 64) C. P. C.- ('40) Chitaley, S. ....