SONIK INDUSTRIES Vs. AMARJEET SINGH

JUDGEMENT

(1.) KULWANT Singh filed this application u/O. 23 R. 1 and S. 151, CPC, inter alia, alleging that he was one of the partners of plaintiff firm which stands dissolved. Suit was filed by Smt. Charanjit Kaur, another partner of firm without authorisation and/or knowledge or the applicant. Parties to suit are closely related and the applicant, thus, does not want to proceed with the suit. It was prayed that suit may be dismissed as withdrawn unconditionally or in the alternative dismissed. Smt. Charanjit Kaur, contested the application by filing reply. It is alleged that at the time suit was filed the plaintiff firm consisted of two partners. Vide deed of dissolution dated 31st March, 2002 the applicant retired from plaintiff firm and all existing assets and liabilities of the firm including trade mark were taken over by Smt. Charanjit Kaur who is now the proprietor of the business. It is denied that suit was filed without authorisation and/or knowledge of the applicant, as alleged. It is alleged that present application has been filed in collusion with defendants with a view to benefit them. I have heard Sh. Swarnabh Paliwal for applicant and Sh. S.K. Bansal for plaintiff and have also been taken through the record. Alongwith reply, photostat copy of deed of dissolution dated 31st March 2002 has also been filed. Clauses 2, 3, 4 and 8 thereof which are material, are reproduced below:-