RAVINDRA KUMAR KOHLI Vs. HARISH CHANDRA KOHLI

JUDGEMENT

(1.) SANJAY Misra, J. This is a Civil Revision under Section 115 of the Code of Civil Procedure. This Revision is directed against an order dated 12. 9. 2008 passed in original Suit No. 1055 of 2002 Ravindra Kohli Vs Harish Chandra Kohli and others, passed by the Additional Civil Judge (Senior Division) Court No. 1 Kanpur Nagar whereby the amendment application filed by the Revisionist/plaintiff has been rejected.

(2.) THE Revisionist plaintiff filed a suit for declaration that he is the owner of House No. 111-A/89 Ashok Nagar, Kanpur Nagar and is the shareholder to the extent of 60% share of the firm M/s Kohli Constructions Company by virtue of a registered will deed dated 4. 9. 1990 executed by his grand mother Smt. Pushpawanti.

(3.) THE order dated 21. 4. 2006 was passed in Special Appeal No. 385 of 2006 (Harish Chandra Kohli Vs Ravindra Kohli and others) wherein an order dated 7. 3. 2006 passed by learned Single Judge in writ petition No. 28 of 2005 (Ravindra Kohli Vs Registrar, Firms Societies and Chits and others) had been set aside. THE court found that the civil suit between the parties is pending consideration wherein the plaintiff had sought a declaration claiming rights of partnership in the old firm in which his grand mother was a partner. It found that the information which was submitted in form 7 and 8 were informations under Section 63 of the Indian Partnership Act 1932 and such information was given by the appellant (Harish Chandra Kohli ). THE Special Appeal court recorded that the Civil court is fully empowered to issue any direction for amending any entry registering a firm including the certificate issued by the Registrar in response to information submitted in form 7 and 8 and held that the issue as to whether the newly constituted firm was constituted after dissolution of the old firm or the new firm was a separate firm having no connection with the old firm are issues of fact which require evidence for adjudication. Consequently the Special Appeal court gave liberty to the parties to get their rights adjudicated before the Civil Court in light of the observations made in the judgement dated 21. 4. 2006.