GOLDEN GLUE FACTORY Vs. M HAROON RASHEED SAHIB

JUDGEMENT

(1.) DEFENDANTS 1, 3 and 4 are petitioners herein. The plaintiff filed a suit (O.S.No.1 of 1994) against the defendants for dissolution of partnership and rendition of accounts. During the pendency of the suit, I.A.No.1 of 1994 was filed for appointment of a commissioner, to take inventory. The trial court appointed a Commissioner. It is against that order, the present revision has been filed by defendants 1, 3 and 4.

(2.) ACCORDING to learned counsel appearing for the petitioner herein, the trial court was not correct in appointing a Commissioner to take inventory under O.26, Rule 9, C.P.C. read with Sec.151 thereof. The suit is not maintainable since Clause 15 of the Partnership Deed dated20.7.1989 specifically stipulates that disputes, it any, between the partners should be referred to arbitration of two persons nominated by majority of partners, and the arbitration decision is binding on the partners. The intention of the executants of the partnership deed was that the partnership shall not be dissolved on the happening of a contingency mentioned in the Partnership Act. The allegation that the defendants are manipulating the accounts and are not permitting the plaintiff to verify the accounts are not correct. It is also not correct to state that the defendants 1, 3 and 4 are removing the account books from the petition premises. The plaintiff had always access to the books of account and allied receipts, vouchers, etc. The account books were handed over to the auditors for preparing the statements of accounts to be filed for the purpose of Income Tax Assessment. It was the plaintiff who took away the books of accounts from the premises. The plaintiff cannot take advantage of his own wrong and ask for appointment of a Commissioner. The plaintiff is now trying to put an end to the partnership business with an ulterior motive and therefore he came forward with the present suit for dissolution of the firm. Since there is no ground for appointment of a Commissioner to take inventory, the order passed by the trial court in appointing a Commissioner is liable to be set aside.

(3.) I have heard the rival submissions