OM PRAKASH Vs. MAYA RAM

JUDGEMENT

(1.) This is an appeal by Om Prakash, plaintiff against the appellate order of the Additional Civile Judge, Muzaffarnagar returning the plaint for presentation to the proper Court.

(2.) The plaintiff filed a suit in the Court of the Munsif for dissolution of a partnership firm and for accounts on the allegation that the said firm came into existence on 31-10-1953 and carried on its business till 16-11.1955. It was alleged that the defend-dants dissolved the said firm on 16-11-1955 without his knowledge or consent. In para. 5 of the plaint it was asserted that the plaintiff made a capital investment of Rs. 22,000/- in the partnership business which was going on well till it was dissolved, and that he owed a sum of Rs. 4,383-4-9 only to the partnership in respect of the accounts of an old firm. In para. 7 o the plaint it was pleaded that it was not possible of the plaintiff to ascertain the exact amount due to him from the firm and he was, therefore, valuing the suit at Rs. 1,000/- for the purpose of jurisdiction and the payment of court-fees.

(3.) The defendants admitted that the plaintiff was" a partner in the firm but denied that he had made any investment. It was also asserted that the firm had suffered losses in its business, and lastly that on the allegations made in the plaint the suit was undervalued and the valuation of Rs. 1,000/-was arbitrary.