(1.) THIS revision arises out of the order dated 21.7.94 passed by the IIIrd Additional District Judge, Durg in Civil Suit No. 13 -B of 1994, rejecting the application filed by the applicants/defendant Nos. 7 and 8 under Order 3D, Rule 8 of the Code of Civil Procedure.
(2.) FACTS relevant for the disposal of this revision are that the non -applicant Nos. 3 to 7, namely, Rqfique, Pramod Singh, Mukund Madhav, Pramod Kumar Saboo and Deoki Nandan Khandelwal formed a partnership to carry on a business of Steel Rolling Mill by and under the name of Mis. Pooja Steel Re -Rollers and Fabircators. A deed of partnership was executed by these five partners on 13.2.1987 and the partnership was duly registered with the Registrar of Firms as per the provisions of the Indian Partnership Act.
(3.) CONSEQUENT upon the retirement deed, a new partnership deed was executed on that very day i.e. on 30.4.1991 between the non -applicant No.3 and non -applicant No.5, on the one hand, and applicant No. 1 and applicant No.2, on the other.