VIDYA DEVI Vs. MANI RAM ETC.

JUDGEMENT

(1.) The plaintiff Vidya Devi has instituted two suits in this court for dissolution of partnership and rendition of accounts.

(2.) In or about 1960 Basheshar Nath the husband of the plaintiff started partnership business for printing and block making with his partners. These were two partnerships. One was called Delhi Printers. The other was called Process Syndicate. Process Syndicate is engaged in making blocks. The Delhi Printers are engaged in printing. During his life time in Delhi printers his Partners were Mani Ram and Raj Narain. In Process Syndicate he had three partners, viz, Mani Ram, Raj Narain and N.C. Dutta. Everything went well during the life time of Bashesbar Nath On March 21,1975 Bashesher Nath died. The plaintiff is his widow. On March 23, 1973 two deeds of partnership were executed one in respect of Delhi Printers and the other in respect of Process Syndicate. The terms of both the documents are substantially the same. Under the new deeds Vidya Devi agreed to carry on the business of her husband in partnership with Mani Ram and Raj Narain in case of Delhi Printers In case of Process Syndicate she agreed to continue the business with Mani Ram, Raj Narain and Shoba Rani the wife of N.C. Dutta. The accounts of both the partnership businesses were settled on March 30, 1972 when Basheshar Nath was alive. In 1973 accounts could not be taken as Basheshar Nath died during the month of March itself and the parties agreed that the accounts will be settled in March, 1974. This is expressly provided in the partnership deed.

(3.) Hardly three months passed when plaintiff Vidya Devi found that it was not possible for her to carry on business in partnership. On June 18, 1974 she issued a notice to her partners dissolving the partnership business. The defendants on June 27, 1973 sent a reply to the notice denying the plaintiff's right to dissolve the partnership and contending that the plaintiff, if she desired could retire from the partnership business and offered to refer the matter for settlement to arbitration. It may also be mentioned here that in addition to the notice dissolving the partnership firm the plaintiff gave a public notice of dissolution of the partnership business in the Hindustan Times, Hindi Hindustan and Daily Pratap in Urdu newspapers on June 22, 1973. These notices were in accordance with Sec. 45 read with Sec. 72 of the Partnership Act.