RAKESH KANAUJIA Vs. SUPERWHITE DRYCLEANERS & ANR

JUDGEMENT

(1.) C.M. Appl. No. 32831/2018 (for exemption)

(2.) For the reasons stated in the application the delay of 41 days in re-filing the appeal is condoned, subject to just exceptions.

(3.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 31.1.2018 by which the trial court has dismissed the suit for rendition of accounts of the respondent no. 1/defendant no. 1/partnership firm. Appellant/plaintiff had also sought the reliefs of declaration and permanent injunction with respect to appellant/plaintiff being entitled to 50% share in the partnership firm and the respondent no.2/defendant no. 2 be restrained from disposing of the assets of the partnership firm. The partnership firm of which rendition of accounts was sought was a partnership firm of the father of the appellant/plaintiff namely late Sh. Phool Chand with the other/second son of the father late Sh. Phool Chand, namely Sh. Rajender Kanaujia/respondent no. 2/defendant no. 2 i.e. the brother of the appellant/plaintiff.