ANJU REKHI Vs. SUNITA REKHI

JUDGEMENT

(1.) Present A.O. is directed against the judgment and order dated 26.10.2017, passed by Addl. District Judge, Ranikhet, District Almora, in Civil Appeal no. 13 of 2016, whereby said court has allowed / decreed the appeal of respondent no. 1 and set aside the order dated 04.04.2016, passed by civil Judge (Senior Division), Almora and remanded the matter to the trial court with a direction to decide the same on merits in pursuance to the observation made in the impugned judgment dated 26.10.2017.

(2.) As per plaint averments, respondent no. 1 / plaintiff is a partner in a Firm namely 'West View Hotel' (hereinafter referred to as the 'Firm'). Plaintiff and defendant are closely related to each other as the plaintiff is daughter-in-law of the defendant. An agreement of partnership between the parties was executed on 22.10.1975 at New Delhi. Respondent no. 1 / plaintiff had 40% share in the profit of the Firm and rest of the share i.e. 60% was of Mrs. Kushal Rekhi (original defendant). It is the case of respondent no. 1 / plaintiff that the Firm was run by both the partners till 31.12.1986 amicably. Thereafter, Mrs. Kushal Rekhi completely usurped the business of the Firm and did not allow the respondent no. 1/ plaintiff to take part in the conduct of business. In order to achiever her personal gain, Mrs. Kushal Rekhi further forged the signature of the respondent no. 1 on a letter dated 01.06.1987 written by her to the Manager, State Bank of India, Ranikhet that the partnership of the Firm stands dissolved. When the things get worse and it was difficult to carry on the business of the Firm, respondent no. 1 / plaintiff was constrained to prefer a suit, being O.S. no. 2349 of 1989, for dissolution of partnership firm and rendition of account seeking following reliefs:

(3.) Mrs. Kushal Rekhi (original defendant) filed her written statement on 10.05.2001. In her written statement, she alleged that the plaintiff was admitted to the partnership only for the tax adjustment and remissions and other benefits under the Income Tax Act and, therefore, not entitled for any profit in the Firm. Mrs. Kushal Rekhi ried on 31.10.2003 and Mr. Ashok Rekhi, Mr. Rajinder Rekhi, Mrs. Chandra Bhasin, Mr. Sunit Rekhi and Smt. Anju Rekhi, being legal heirs of late Smt. Kushal Rekhi, were impleaded as defendants. Mr. Ashok Rekhi, Mr. Rajinder Rekhi and Mrs. Chandra Bhasin were subsequently transposed as plaintiff as they were supporting the case of respondent no. 1/ plaintiff. Rest of the defendants filed their written statement. Mrs. Anju Rekhi (appellant herein) filed her written statement alleging that the Firm was dissolved in the year 1987 and a fresh partnership was created between Mrs. Kushal Rekhi (60% share) and Mrs. Anju Rekhi (40% share).