RAJESH KUMAR Vs. HARISH KUMAR

JUDGEMENT

(1.) By this application defendants pray that a handwriting expert be permitted to take photographs of the signature of the plaintiff on the documents exhibited as Ex. DW-1/1, DW-3/3 and DW-3/5 from the Court record and compare the same with the admitted signatures of the plaintiff from the court record in the presence of the parties before the Deputy Registrar/Joint Registrar and also for directions to the plaintiff to give his specimen signature/handwriting for comparison, directions to DW-3 Shri Satish Malik, Clerk, Office of District Town Planner, Sonepat, Haryana to produce the original records pertaining to Exhibit DW-3/3 and DW-3/5 and directions to the handwriting expert to submit his report before the Court.

(2.) Plaintiff Rajesh Kumar has filed the present suit against the defendants, that is, Harish Kumar and Rakesh Kumar seeking permanent injunction, dissolution of the partnership firm M/s. HIFLY INDUSTRIES and rendition of account.

(3.) In the plaint the claim of Rajesh Kumar is that M/s. HIFLY INDUSTRIES was a partnership firm created vide Partnership Deed dated 18th October, 1993 and all the three persons, i.e. plaintiff and the two defendants were entitled to 1/3rd share of the profit and loss. The partnership was liable to dissolve by giving two months' notice in writing by any of the partners to the other partners. After the death of Shri Narinder Kumar, father of the plaintiff and defendants, differences arose between the parties with regard to the joint properties situated at Ashok Vihar, Village Sahibabad Daulatpur and Sadar Bazar. To sort out the differences, efforts were made to mutually settle the division of the joint properties and at one point of time a rough draft was also drawn for settling the joint assets, however, the draft was later on abandoned, not acted upon and torn off, as the valuation done was not in accordance with the market rates. It appears that Harish Kumar and Rakesh Kumar retained copy of the draft unauthorisedly and started misusing the same creating problems for Rajesh Kumar requiring him to file the suit for partition and permanent injunction in respect of properties at Ashok Vihar, Village Sahibabad Daulatpur and the two properties at Sadar Bazar, Delhi being titled Shri Rajesh Kumar Vs. Smt. Sheila Rani & Ors.