SUNIL GOEL Vs. RATIONAL ENTERPRISES & OTHERS

JUDGEMENT

(1.) The application under Order 12 Rule 6 read with Sec. 151 Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the plaintiff seeking a Judgment and decree, on the basis of unambiguous admissions made by the defendants in the present Suit and also in the documents pertaining to the admitted litigations by the defendant No. 1.

(2.) To appreciate the contentions of the plaintiff, it would be pertinent to refer to the respective cases of the parties. The plaintiff has filed the Suit for Dissolution of Partnership, Rendition of Accounts and recovery of the amount due and payable after the Rendition of Accounts, Cancellation of Documents, Declaration and Permanent Injunction.

(3.) It is the case of the plaintiff that the defendant No. 1 is the Partnership firm comprising of three partners, namely, the plaintiff, defendant No. 2 and defendant No 3, who all are the brothers and have been trading in the papers and paper products, in the name of defendant No. 1. The share of each of the three partners, was equal to the extent of 33%.