HOLA RAM Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) This revision arises out of the orders dated 6-12-1976 and 16-12-1976 passed the Civil Judge, Allahabad in Original Suit No. 136 of 1976.

(2.) The facts of the case, in so far as they are relevant for the disposal of this revision can briefly be stated as under :

(3.) M/s. L. K. Ahuja & Co. was a partnership firm which came into existence through a partnership deed executed on 3rd of February, 1949. It took contracts for certain works from the Northern Railway between September 1969 a February, 1971. After the works were completed, differences cropped up between the parties. Defendant opposite parties Nos. 4 and 5 claimed that the partnership firm was reconstituted on 31st of August, 1970 so that Hola Ram, applicant No. 1, and Amrit Lal, defendant opposite party No. 6, retired from the partnership and settled their accounts. According to the said opposite parties, Hola Ram or Amrit Lal did not have any interest in the partnership thereafter and the reconstituted partnership, having, assumed the entire liabilities of the firm as it was initially constituted, carried on the work. According to opposite parties Nos. 4 and 5 the reconstituted firm dissolved on 30th of April, 1971 as a result of differences having cropped up between its partners. As opposed to this, the case of the applicants was that the partnership, as it was initially constituted, continued to exist. On account of some differences having cropped up between the partners notices were served by some of them on the plaintiff opposite parties Nos. 1 and 2 to refrain from making any payment to defendant opposite parties Nos. 4 and 5 In the meantime, out of the amount payable by the plaintiff opposite parties Nos. 1 and 2 to the partnership firm a sum of Rs. 1,91,362.00 was attached and recovered by the Income Tax Officer under S. 226 of the Income tax Act, 1961. Manohar Lal, one partner of the allegedly reconstituted partnership then filed a writ petition in this Court being writ petition No. 6181 of 1973. The writ petition was allowed and the Income Tax Department was directed to return a sum of Rs. 1,91,362.00 to the Railway Department, which order was complied with. However since differences between parties continued to exist, the plaintiff opposite parties Nos. 1 and 2 filed an inter-pleader suit in the court of the Civil Judge Allahabad. The plaintiff opposite parties Nos. 1 and 2 also deposited the said amount in the court praying that it may be paid over to such of the defendants as may be entitled to it.