PRANAV H.MEHTA Vs. SURENDRA M.MEHTA

JUDGEMENT

(1.) Miscellaneous petition in C.M.P.No.11197 of 2020 is filed by one Neeta H.Mehta, D/O Late Mr.Harshkant Mehta to condone delay of 1761 days in filing the petition to set aside abatement caused due to the death of the sole appellant. She wants to get impleaded as the legal heir of the unmarried brother Pranav H. Mehta. He is the plaintiff in the suit and the sole appellant in the second appeal and he died on 07/07/2015.

(2.) The factual background of the litigation is that, Late Mr. Pranav.H.Mehta, claiming himself as the sole proprietor of M/s Bapalal and Company, filed suit in O.S.No.9548 of 1995 before the City Civil Court, Chennai, to (1) declare defendants 1 to 5 are not the partners of the said firm, (2) restrain the defendants from interfering the affairs and assets of the said firm and further describing and claiming themselves as partners of the said firm, by an order of permanent injunction. The defendants were the four partners who agreed to retire from the partnership firm.

(3.) The suit was initially filed on the original side of the High Court and taken on file as C.S.No.933/1995. Later, transferred to Assistant City Civil Court and re numbered as O.S.No.9548/1995. The suit was contested on the ground that though on principle, the defendants agreed to retire and agreement was drawn, the settlement of accounts between the parties did not take place due to differences of opinion among the partners, on valuation and distribution of assets and properties of various partners.