MOHINDER NATH Vs. NARENDER NATH

JUDGEMENT

(1.) By the impugned order the learned Single Judge while prima-facie holding that the partnership firm M/s Kedar Nath Mohinder Nath was a partnership at will, has appointed an Advocate as the receiver of the firm. Not satisfied with the findings of the learned Single Judge appointing the receiver, the appellants have preferred this appeal.

(2.) Before the respective contentions of the parties are discussed a few facts which are relevant for deciding the present appeal may be stated as under:

(3.) Learned Single Judge while deciding the application of the plaintiff under Order 40 Rule 1 held that the partnership was at will and the same stood dissolved from the date of service of notice of the suit on the defendants. The Court also held that the entitlement of the plaintiff to the 15% share in the firm was not disputed and the Court was, therefore, satisfied that the plaintiff was entitled to the appointment of the receiver and consequently an Advocate was appointed the receiver to take charge of the business and all the assets of the firm.