DEVI TEXTILES Vs. S SUGANTHI

JUDGEMENT

(1.) Two suits in O. S. Nos. 269 and 270 of 1997 were filed before the Subordinate Judge's Court, Tirupur to declare that the 1st defendant-firm is dissolved on and from 31-1-1997 and to direct to take an account of the assets and liabilities of the firm and distribution of the same to the respective sharers and to allot plaintiff's share, direct the defendants 2 and 3 to render account of the firm from the date of commencement, appoint a Receiver to manage the affairs of the firm till settlement of account, award the costs of the suit and grant such other reliefs as the Court deem fit and proper.

(2.) Two firms M/s. Devi Textiles and Maruthi Fabrics at Tirupur are the first defendant respectively in O. S. Nos. 269 and 270 of 1997. Plaintiff in both the suits is a partner having 50% share in M/s. Devi Textiles and Maruthi Fabrics. In both the suits, the 2nd defendant is having remaining 50% share. It is admitted by both sides that it is a partnership at will.

(3.) Misunderstanding arose between the partners and finally elders intervened and panchayat was also held. Even though the defendant agreed to abide by the panchayat decision, they backed out and finally the defendants issued a notice on 31-1-1997 accusing the plaintiff and her husband for the sorry state of affairs and gave notice for the dissolution of the firm. The plaintiff also replied stating that the firm stands dissolved with effect from 31-1-1997 and called for rendition of accounts.