IVAN D GAMA Vs. MARSHALL ANTHONY

JUDGEMENT

(1.) The appellants, who are the defendants 2 and 3 have challenged the concurrent finding of the Courts below, passing of decree of dissolution of partnership form and also rendering accounts stating that the first respondent filed the suit for dissolution of partnership firm and rendering accounts stating that the partnership firm has been registered under Partnership Act on 03.04.1993, wherein, the remunerations of the Managing Partner and other partners have been mentioned and only the second defendant is the authorised person to operate the bank account and he is possession of account and all the relevant documents. But, he has not furnished any account and hence, the plaintiff was constrained to file the suit for the above stated relief.

(2.) The defendants have raised the defence stating that the partnership firm has been came into effect on 03.04.1993 and the plaintiff has not contributed anything and hence, there is no partnership firm and he is not entitled for accounts and he has not produced the original document and hence, prayed for dismissal of the suit.

(3.) The trial Court, after considering the pleadings, viz., plaint and written statement, framed necessary issues and also considering the oral and documentary evidence, decreed the suit, against, which the defendants 2 and 3 have filed an appeal, which was also dismissed by the first appellate Court, confirming the judgment decree of the trial Court. Against which, the defendants 2 and 3 have filed the present second appeal.