LAWS(TRIP)-2015-8-65

SUNIT DAS S/O JATINDRA CHANDRA DAS Vs. SREMANTA MAJUMDER; BIMALENDU CHAKRABORTY; MAA SARADA DEVI INDUSTRIES; RATAN KUMAR DAS

Decided On August 11, 2015
Sunit Das S/O Jatindra Chandra Das Appellant
V/S
Sremanta Majumder; Bimalendu Chakraborty; Maa Sarada Devi Industries; Ratan Kumar Das Respondents

JUDGEMENT

(1.) This petition is directed against the orders dated 27.04.2015 and 25.05.2015 passed by the learned Civil Judge, (Sr. Division) Court No. 2, West Tripura, Agartala in Title Suit 54 of 2010 whereby he has appointed a Chartered Accountant to go into the accounts of the parties and has further directed the parties along with their representatives to assist the Chartered Accountant to ensure that the preliminary decree passed results in a final decree.

(2.) The facts, briefly stated, are that Sri Bimalendu Chakraborty, respondent No. 2 herein, filed a suit for rendition of accounts claiming that he and the present petitioner Sri Sunit Das and Sri Sremanta Majumdar, respondent No. 1 herein, were partners in a firm known as 'Maa Sarada Devi Industries' and that this partnership firm be bound up after ascertaining the shares of the partners and thereafter the accounts be rendered and final decree be passed wherein the entitlement of each partner be declared.

(3.) The present petitioner contested the suit and one of the grounds on which he contested the suit was that in the year 1999 there was a settlement between the parties and in terms of the settlement the partnership firm had been dissolved and the respondent No.1 herein had retired from the partnership firm on receipt of Rs.25,00,000/-.