SADGURU CONSTRUCTIONS Vs. JAIMEET KAUR NIRMANSINGH SIAL

JUDGEMENT

(1.) The present Writ Petition is filed challenging the order dt. 6. 10. 05 passed on Ex. 23 in R. C. S Suit no. 1160 of 2005 by the 8th, Jt. Civil Judge, Senior division, Pune. The said order has been passed on an application of the petitioner for a stay of the suit under section 10 of the Civil Procedure Code. Some of the material facts of the present case which are necessary to be enumerated are as under:

(2.) In 1985 a firm of Satguru Construction was constituted with three partners namely Sardar Nirman singh, Sardar Harpal Singh and Sardar Sujan Singh. The said partnership was unregistered. As per the terms and conditions of the said partnership agreement the partnership commenced w. e. f. 1985. All the three partners had equal share. Under clause 14 of the said partnership it was provided that on the death of a partner partnership does not come to an end and shall be continued by the surviving partners. On 20. 10. 02 one of the partner Shri Nirman Singh Sial died leaving behind respondent no. 1 to 4 as legal heirs. Dr. Smt. Gurucharan Kaur Nirmansingh Sial who was the wife of the deceased and mother of respondent no. 1 filed a suit being RCS Suit No. 220 of 2003 sometime in or about 1. 2. 03 before the Civil Judge Senior Division pune. The reliefs which were sought in the said suit were that it be declared and ordered that the plaintiff should be inducted as a partner of the said firm and the second relief sought is that the defendants should be restrained from selling or entering into any transaction relating to the property of the firm till suit is finally disposed of. Prayers in the said suit no. 220 of 2003 preferred by Dr. Smt. Gurucharan Kaur nirmansingh Sial are reproduced hereunder:

(3.) On 7. 11. 03 suit was dismissed as not maintainable because of non-registration of firm under s. 69 3 (A) of the Indian Partnership Act, 1932. The first appeal was allowed holding that the said suit is maintainable. Against the said order and judgement dt. 7. 1. 04 second appeal was filed being second appeal no. 489 of 2004. The said second appeal is admitted and is pending before this court and there is a stay of further proceedings in the suit filed by the deceased wife Dr. Smt. Gurucharan Kaur Nirmansingh Sial.