RAKESH KUMAR Vs. UMESH KUMAR

JUDGEMENT

(1.) THIS is a suit by the plaintiffs for dissolution of partnership and rendition of accounts. The reliefs claimed are as under:-a) That the partnership business of M/s Bharat Chatai bhandar, 6534, Khari Baoli, Delhi as per partnership deed dated April 01, 1999 may be dissolved. b) The accounts of the business including profit, interest, capital, rent, damages for use and occupation and goodwill of the partnership business M/s Bharat Chatai Bhandar and m/s New Bharat Chatai Bhandar may be rendered to the plaintiffs and the amount so ascertained as due to the plaintiffs and against the defendants may be paid to the plaintiffs and the plaintiffs undertake to make the payment of the deficient court fees according to law. c) The plaintiffs may be allowed interest at the rate of 15% p. a. pendentelite and future till payment. d) Costs of the suit may be allowed to the plaintiffs against the defendants.

(2.) THE defendants not only have filed written statement to the plaint and thereby have controverted the averments made therein but have also filed an application under Order 7 Rule 11 read with section 151 of the Code of Civil Procedure (hereinafter called the Code)seeking rejection of the plaint on the ground that the reliefs claimed are barred by limitation. It is this application which is the subject matter of the present order.

(3.) IT is well settled that for the purpose of deciding an application under Order 7 Rule 11 of the Code, it is only the facts pleaded in the plaint which are to be taken into account and if on the basis of those facts it is found that the suit is barred by any law or is hit by any other clause of Order 7 Rule 11 of the Code, then alone is the plaint liable to be rejected. It is, therefore, necessary to notice the facts but only such facts which emerge from the plaint. They are as under:-