VELJI NARAYAN PATEL Vs. JAYANTI LAL PTEL

JUDGEMENT

(1.) THE order dated 14th August, 2008 passed by learned Civil Judge, Junior division, 1st Court, Howrah in T. S. No. 90 of 2007 is under challenge at the instance of the defendant-petitioner.

(2.) THE facts of this case are these :-Velji Narayan Patel, Jayanti Lal Patel, bhimjee Patel and Khimji Patel were four brothers. Their wives purchased Plot No. 15845, 15846 and 15847 comprised in khatian No. 3647 and 5136 of Mouza-Bally by separate four deeds of sale sometime in the year of 1989. Then their husbands obtained tenancy from their wives in respect of the lands comprised on the said plots of land and the four brothers commenced a partnership business in the name and style of M/s. Bhagat and Company. Sometime after running of the partnership business brothers i. e. Bhimjee and Khimjee retired from the partnership business. The two other brothers i. e. the plaintiff and the defendant jayanti and Velji formed a partnership firm in the name and style of M/s. Bhagat and company by a partnership deed dated 15th of April, 2000 but the business was effective from 1st April, 2000. Terms and conditions of partnership business were embodied in the document. The two brothers fell out. The plaintiff Velji was allegedly debarred from participating in the partnership business. He was allegedly not allowed to enter the office and thus the plaintiff instituted the Title Suit being No. 96 of 2007 before the learned Civil Judge, Junior Division, 1 st court, Howrah praying for following reliefs

(3.) THE defendant appeared and filed a petition under Order 7, Rule 1 l (d) of the Civil procedure Code praying for rejection of the plaint on the ground that the suit is not maintainable in view of the provision of Section 69 of the Partnership Act.