AKTAR HOSSAIN Vs. SUSAMA RANI SAHOO

JUDGEMENT

(1.) This is a revisional application by the Defendants against an order passed by the learned trial judge allowing an application for amendment of the plaint filed by the Plaintiffs/opposite parties in a suit, inter alia, for dissolution of partnership business and accounts.

(2.) On or about September 16, 1968 Sudhir Ranjan Sahoo, since deceased, as the Plaintiff, instituted Title Suit No. 608 of 1968 in the City Civil Court at Calcutta, inter alia, for dissolution of partnership and accounts against Mehadir Hossain, since deceased. In the plaint it was alleged that the said Plaintiff and the said Defendant were carrying on joint business under the name and style 'Bina Electric Stores' at stall No. 48, S.S. Hogge Market, Calcutta on the basis of registered deed of partnership dated January 15, 1961, but disputes and differences arose between the parties making it impossible to carry on the business in partnership any longer.

(3.) By judgment and decree dated January 30, 1979 the learned Judge, Ninth Bench, City Civil Court at Calcutta decreed the suit on contest in preliminary form and it was declared that the firm stood dissolved on the death of the original Plaintiff and the parties were directed to render accounts of the business to each other within ninety days from the date of the decree. In default, however, liberty was granted to the substituted Plaintiffs to settle the accounts through appointment of a commissioner or receiver.