MAHENDRA SINGH Vs. TEJ RAM SINGH

JUDGEMENT

(1.) This first appeal from order has been filed by two of the defendants in a suit against an order dt. 11th April, 1986 passed by the III Addl. Civil Judge, Meerut, issuing a temporary injunction as prayed for by plaintiff-respondent 1.

(2.) The case in a nutshell of plaintiff-respondent 1 was that he was a partner of a firm run under the name and style of M/s. Chaudhari and Company, 4 Civil Lines, Meerut. According to him the said firm existed prior to 31st Jan. 1984 with six partners under a partnership deed dt. 3rd April, 1982. The plaintiff was not a partner of that firm. His case further was that the old partnership was dissolved on 31st Jan. 1984. With effect from Ist Feb. 1984 the above firm was reconstituted whereby two old partners retired and six new partners including the plaintiff were included into the partnership. The case of the plaintiff-respondent further was that M/s. Chaudhari and Company had entered into a contract with the State Government for construction of a canal and that the Executive Engineer Meerut Division, Ganga Canal, Meerut, defendant 1 was the Engineer in charge, who was supervising the work of construction of the said canal. In connection with that contract payments were made by defendant 1 to M/s. M.S. Chaudhary and Company. The relief prayed for in the suit as also in the application for temporary injunction was that defendant 1 may be restrained from delivering the cross or payees account cheques of M/s. M.S. Chaudhary and Company in respect of the aforesaid constructions work to Sri Mahendra Singh Chaudhary or anybody else or any of the partners itself except to the plaintiff and Sri Mahendra Singh Chaudhary.

(3.) The application far temporary injunction was contested by Sri Mahendra Singh Chaudhary. At this place it may be pointed out that Mahendra Singh Chaudhary was a partner of the firm which is said to have been dissolved on 31st Jan. 1984 and he is also a partner of the firm said to have been constituted afresh on Ist Feb. 1984.