KAUSAR ALI Vs. SAD IK ALI

JUDGEMENT

(1.) THIS application under section 115 of the code of Civil Procedure is directed against the order no. 8 dated 19th January, 1991, passed by the Learned Assistant District Judge at Sealdah in Misc. Appeal no. 144 of 1990 arising out of Title Suit No. 151 of 1990. The plaintiff opposite party filed a Title Suit being Title Suit No. 151 of 1990 in the Court of the learned Second Munsif, Seamah, Dist. 24-Pags. (South), inter alia, praying a temporary injunction restraining the defendant opposite party therein, from creating any obstruction and for full and true general account of the partnership business for the years 1974-1989 and other reliefs. In connection with the said Suit, an application under order 39 Rules 1 and 2 of the Code of Civil Procedure, hereinafter referred to as the Code, was also filed before the learned Trial Court and an exparte order of status quo in respect of the business was passed by the learned Munsif.

(2.) THE short case of the plaintiff is that a hair cutting saloon under the name and style of "kohinoor Hair Cutting" was run by the father of the plaintiff and the defendants. On the death of the father, the mother of the parties used to run the business and on the death of the mother, the plaintiff and the defendants inherited the business in 1974. Between 1974 and 1989, the defendants were in possession of the suit puberty and were running the business without giving any account to the plaintiff. The plaintiff slates that a settlement was reached by and between the parties and a partnership deed dated November 30, 1989, was entered into by mutual agreement by and between the parties. According to the plaintiff, the defendants failed to give any accounts in the said property for 15 years and were collusively trying to oust the plaintiff from the said business.

(3.) THE defendants, on coming to know of the exparte interim order of status quo, entered appearance in the suit and filed an application under order 39 rule 4 of the Code on March 30, 1990.