ME ADAMS CHEMICALS MANUFACTURING CO Vs. P NAGARAUN

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the judgment and decree made in C.M.A. 112 of 1996 dated 5.8.1998 by the II Additional District Judge, Trichirapalli, setting aside the decretal order and order of the Principal Subordinate Judge, Trichirapalli dated 8.11.1996 passed in I.A.No.828 of 1996 in O.S.No.499 of 1996.

(2.) The first petitioner is a partnership firm represented by the second petitioner in his capacity as its Managing Partner and the three other petitioners' claim to be the partners of the first petitioner firm On a perusal of the pleadings, the following facts emerge. The first petitioner consisted of thirteen partners and a suit came to be laid at the instance of the petitioners in O.S.499 of 1996 against the rest of the partners for a declaration to declare as null and void, the purported removal of the second petitioner from the position and status as Managing Partner of the first petitioner firm by defendants 2 to 10 and consequential relief of permanent injunction against them to 'restrain them from trespassing into the suit firm and from interfering in any manner with the running of the firm by the second petitioner as Managing Partner. The relief of declaration claimed in the suit was to the effect that the purported withdrawal of the power to operate the bank accounts by the second petitioner by defendants 2 to 10 by addressing a letter to defendants 11 and 12, who are the respondents herein, as null and void and for consequential permanent injunction against defendants 2 to 10 from interfering with the operation of the bank accounts of the respondents herein by the second petitioner on behalf of the first petitioner. It is significant to point out here and now that in the interlocutory application made in the said suit in 1.A.691 of 1996 in O.S.499 of 1996 by the present petitioners, the respondents herein were not made as parties.

(3.) The specific prayer of the petitioners in I.A.691 of 1996 in O.S.499 of 1996 was to the following effect: