D C UPRETI Vs. B D KARNATAK

JUDGEMENT

(1.) This is a defendant's revision directed against the order dt.11-6-1984 recorded by learned Civil Judge, Nainital Sri S.C. Sharma in Original Suit No.92 of 1983 by which he terminated issue No.2, a preliminary issue, against the defendant and held that the suit was not barred by S.69 of the Partnership Act.

(2.) Plaintiff filed the suit for dissolution of partnership and accounts in the court of learned Civil Judge, Nainital. The partnership was alleged in pursuance of an oral agreement as laid in para 5 of the plaint. Parties were to invest equal amounts in the venture and share the profit and loss equally. It was the business of running paddle boats in Nainital lake from May, 1982.

(3.) According to the averments laid in the plaint partnership has not been dissolved even now. So the reliefs sought were :-