RAJNIKANT HASMUKHLAL GOLWALA Vs. NATRAJ THEATRE

JUDGEMENT

(1.) The appellants are some of the original defendants who have challenged the validity of the order passed below Ex. 5 dated 29/05/1999 in Special Civil Suit No. 19 of 1999 filed in the court of Civil Judge (S.D) at Navsari.

(2.) The relevant facts in a nutshell giving rise to the present litigation are as under:-

(3.) For the sake of convenience, parties to the litigation have been described as shown in the trial court. Plaintiff No. 1 is M/s. Natraj Theatre which is a partnership firm. Plaintiffs Nos. 2 to 6 and defendants Nos. 1 to 11 are partners of the said firm. It is not in dispute that plaintiffs Nos. 2 to 6 have assigned their rights as partners of the said firm to plaintiffs Nos. 7 and 8 whereas defendants Nos. 1 to 11 have assigned or sold their rights as partners of the said firm to defendant No. 12. At an earlier occasion plaintiffs Nos. 2 to 6 had agreed to sell or assign their rights to defendant No. 12 but subsequently no formal conveyance deed was executed and finally plaintiffs Nos. 2 to 6 had assigned their rights as partners to plaintiffs Nos. 7 and 8. Defendant No. 13 is an agent of defendant No. 12 who appears to be doing business on behalf of defendant No. 12 at present. Defendants Nos. 14 to 19 are officers of the State of Gujarat and the State of Gujarat, who are not concerned with this appeal.