S.MOHAMMED MIRZA ISMAIL Vs. DELHI HALL

JUDGEMENT

(1.) The present revision petition has been filed by the plaintiff in an unnumbered suit for dissolution of partnership firm and rendition of true accounts.

(2.) The plaintiff who is one of the partners of the first defendant firm has filed the said suit as against the firm and two of its partners arraying them as defendants 1 to 3 in the suit. In the said suit, third parties to the partnership firm namely defendants 4 to 81 have been arrayed as defendants. The trial Judge had returned the plaint on the ground that defendants 4 to 81 are unnecessary parties and has returned the plaint for deleting the said defendants. Challenging the said order, the present civil revision petition has been filed.

(3.) The learned counsel for the petitioner/plaintiff had contended that defendants 4 to 78 are the creditors of the firm who have lending money to the partnership firm namely the first defendant. He had further contended that defendants 79 to 81 are the debtors who are purchased textile on credit basis and obtained loan from the firm. However, they are not in possession of any material or document to establish the borrowal of money by the firm or lending of money by the firm in favour of the defendants 79 to 81.