Mense profit, accounts of joint family property, burden of proof
kamlesh
(Querist) 28 June 2015
This query is : Resolved
Hi experts,
High Court has ordered that "plaintiff is entitled to accounts of joint family property". Plaintiff has filed decree final application of mense profit, accounts of joint family property in conformity with judgment of High Court in court of execution against my client who is defendant no. 4. We have filed reply that we do not have accounts and same were with our late father. Now I need some authorities which suggest that Court can not ask accounts from defendant as it must have been with his late father as manager of HUF. Burden of proof is on plaintiff to bring accounts of joint family property to prove his claim since when defendant has specifically denied the same. Court should not pass order against defendant to provide accounts, which would not be complied with by defendant as he had no such accounts at all. Any other authority favouring to defendant in this situation for not providing accounts would be helpful. Please also let me know the interpretation "entitled to account" does not lie active imperative duty on defendant to provide accounts. Can I press such argument?
Dr J C Vashista
(Expert) 29 June 2015
Move an application before the same (passed the order/decree) Court for modification of its order to that effect with full justification and reasons thereof.
Either of the parties to the suit must be having the accounts. accordingly it is the opposing party (which do not have the account) to move application for issuance of necessary directions to produce necessary accounts of the HUF.
