P. TARACHAND Vs. SESHAMAL M. JAIN

JUDGEMENT

(1.) This revision petition arises out of the impugned judgment and order dated 16.06.2016 passed in FDP No.113/2010 on the file of the XXII Additional City Civil and Sessions Judge, Bengaluru, rejecting the application filed by the petitioner under Section 47 read with Section 151 CPC.

(2.) The aforesaid FDP No.113/2010 was filed by the respondents 1 and 2 herein pursuant to judgment and decree passed in their favour dated 28.02.2007 in O.S.No.2018/1995 filed by them against the petitioner herein and respondents 3 to 5. In the said FDP No.113/2010, the petitioner herein was arrayed as Respondent No.1 while respondents 3 to 5 were arrayed as Respondents 2 to 4.

(3.) Briefly stated, the facts giving rise to the above revision petition are as follows: The respondents 1 and 2 instituted a suit in O.S.No.2018/1995 in the Court below for dissolution of the partnership constituted under partnership deed dated 11.03.1983 and for other reliefs. In the said suit, the petitioner herein was arrayed as Defendant No.1 while the respondents 3 to 5 were arrayed as Defendants 2 to 4. In the said suit, it was the specific contention that the plaintiffs and defendants constituted a partnership firm known as M/s.Mahaveer Enterprises by a deed of partnership dt.11.03.1983 under which each of the partners had specific shares. It was also contended that the suit schedule property purchased in the name of the first defendant who was the managing partner on 19.12.1983 was for and on behalf of the partnership firm and for the benefit of all the partners of the firm.