PURAN MAL Vs. LAJWANTI AGGARWAL

JUDGEMENT

(1.) The plaintiff has filed the suit for declaration. The plaintiff and late Shri Amar Nath Aggarwal now represented by defendant No.4 were partners. Shri Puran Mal has filed the suit No.635/65 on the file of Shri Shamsher Singh Kanwar P.C.S. Sub Judge, 1st Class, Delhi, for dissolution of partnership and rendition of accounts. The subject matter of this suit was in dispute as to whether it was partnership property or not. Late Shri Amar Nath Aggarwal took the plea that Puran Mal was a not partner. The suit No. 635/65 was decreed and the preliminary decree was passedon19.09.1969.

(2.) Late Shri Amar Nath Aggarwal filed an appeal No. R.C.A. no. 119 of 1973. The Additional District Judge, by judgment dated 16.01.1974 dismissed the appeal confirming the decree passed by the trial court on 19,09.1969. There was a second appeal No. R.S.A. No. 154 of 1974. The defendants 5 and 6 claimed to be the purchasers of the property from late Shri Amar Nath Aggarwal during the pendency of the proceedings in Suit No. 635 of 1965.

(3.) In view of the sale effected by late Shri Amar Nath Aggarwal in favour of defendants 5 and 6 it became necessary for the plaintiff to institute the suit for a mere declaration.