ABDUL SALEEM Vs. SHAMIM AHMED

JUDGEMENT

(1.) Defendant/Applicant has filed the present revision being aggrieved by the order dated 8.10.2015 by which his application under Order 7 Rule 11 CPC has been rejected.

(2.) Non-Applicant/Plaintiff filed a suit for declaration and dividend from the property. In the plaint it is pleaded that the plaintiff/defendant and Zakir (brother of defendant) formed a firm on 01.08.1973 in the name and style of M/s Royal Shoe Stores to run the business of sale of shoes in Ratlam city. A partnership deed was executed on a Rs.2/- stamp paper. By way of partnership they have decided to divide share in the profit. One of the partner Mohd.Sahir died on 15.12.1994 and on his death only the plaintiff and defendant became partners with a shre of ½:½ in the firm. It is alleged that in the month of October, 2014 when the plaintiff demanded the accounts of the firm then he came to know that the defendant has dissolved the firm on 31.03.1992 and inducted his wife as partner, therefore, suit for declaration was filed that he is the partner of ½ share and entitled for dividend and further sought the direction that the defendant to remove his wife from the firm.

(3.) After notice defendant filed an application under Order 7 Rule 11 read with section 151 CPC and prayed for rejection of the plaint on the ground that the suit is time barred as no cause of action has arisen on 10.11.2014 and the plaintiff has not filed the suit properly as per the claim of the dividend. The said application was replied by the plaintiff.