MANUBHAI K. MEHTA Vs. APURVA MAHENDRAKUMAR SHAH

JUDGEMENT

(1.) xxx xxx xxx.

(2.) Respondent No. 1-original plaintiff has filed the said suit for accounts of defendant No. 1-firm wherein he was admitted to the benefit of the partnership contending, inter alia, that defendants Nos. 2, 3 and 4 constituted a partnership for doing the business in ready cotton silk at Ahmedabad on 17th October 1971 and the plaintiff was admitted to the benefit of the said firm. Since the plaintiff was minor, within six months of, his attaining the majority, he exercised the election by a legal notice not to become a partner of the partnership firm. However, he has claimed that he is entitled to the accounts of the partnership firm and the payment of the share of the property and also profit of the firm.

(3.) Appellant No. 1 (defendant No. 2) by filing written statement, Ex. 16, had denied the claim of the plaintiff. A preliminary contention was also raised regarding the maintainability of the suit. According to the defendants, the suit firm was dissolved on 15-12-1972 by a - dissolution deed dated 17th January 1973 and since the plaintiff had become major on 22-12-1972 and before he could exercise his option, the firm was already dissolved, the suit itself was not maintainable, It was further contended that the plaintiff was merely a Benamidar and in feet the father of the plaintiff introduced the name of the plaintiff to the partnership and it was the father of the plaintiff who in fact was doing the business of the firm. According to the said defendant, no transactions in the name of the plaintiff were done. It is the case of the said defendantthat the name of the father of the plaintiff was not shown as a partner because of his personal difficulties and, therefore, the plaintiff was never a partner in the suit firm. In substance, it was the case of the respondent-defendant No. 2 that since the plaintiff was not a partner, he is not entitled to the accounts and his father was the real partner who is entitled to the accounts and is also liable for the profit and loss of the firm.