MAHENDRA NATH Vs. SHIV CHARAN

JUDGEMENT

(1.) This second appeal by the plaintiff is directed against the judgment and decree dated July 11, 1985 passed by the learned Add]. District Judge, Delhi where the findings recorded by the learned trial Judge in favour of the plaintiffs and defendants 3 to 5 were set aside but the appeal was dismissed on alleged agreement between the plaintiffs and defendants 1 and 2.

(2.) The plaintiffs had instituted a suit for permanent injunction estraining defendants I and 2 from interfering with the business of the plaintiffs and from entering premises of their business at 224-A. Najaf Garh New Delhi. The case as set out in the plaint was that a partnership agreement was entered into between the plaintiffs and defendants 3 to 5 in 1973 and as a consequence the business was being carried on in the premises mentioned above. Subsequently another agreement was executed in 1974 which had the effect of bringing in defendants I and 2 as partners. The case of the plaintiffs was that the agreement of 1974 was only a paper transaction and was never given effect to while defendants I and 2 relied on the said agreement and pleaded that they were the partners in the business. The learned trial Judge on the pleadings of the parties framed the following issues: <PG>294</PG> 1. Whether the plaintiff has locus standi to file the present suit ? OPP. 2. Whether there was any dissolution of partnership firm M/s. Allora Electric & Cables Co. If so, to what effect ? 3. Whether defendant Nos. 1,2 and 6 are partners of M/s. Allora Electric & Cable Co., if so to what effect ? OPD. 4. Whether the suit for injunction is not maintainable ? OPD. 5. Whether the plaintiff is entitled to the injunction prayed for ? 6. Relief.

(3.) On consideration of the entire evidence on record, the learned trial Judge decided all the issues in favour of the plaintiffs and decreed the suit.