HEMANT KUMAR JALAN Vs. RAJENDRA BAJORIA & ORS.

JUDGEMENT

(1.) These two appeals are directed against the Judgement and order dated 22.09.2017 passed in GA No. 1680 of 2017 and GA No.1571 of 2017 whereby the said two applications were dismissed. GA No. 1688 of 2017 was taken out by the defendant number 3. GA No. 1571 of 2017 was taken out by the defendant numbers 2, 7, 8, 9, 11, 12, 13, 15, 16, 17, 18, 19, 20 and 21. In both the applications the prayers were for dismissal of the suit; alternatively for rejection of the plaint; and alternatively for revocation of leave under Clause 12 of the Letters Patent, 1865

(2.) Baijnath Jalan, Mohanlal Jalan, Babulal Jalan, Sewbhagwan Jalan Keshabdeo Jalan, Nand Kishore Jalan, Deokinandan Jalan, Chiranjilal Bajoria, and Kishorilal Jalan were the partners of a partnership firm constituted in terms of a deed of partnership dated 6 December, 1943. The firm was called 'Soorajmull Nagarmull'. None of the said partners are alive. The plaintiff numbers 1, 2 and 3 are the sons of Late Chiranjilal Bajoria, who died on 31 December, 1981. The plaintiff numbers 4 and 5 are the sons of Late Deokinandan Jalan, who died on 12 July 1997. The plaintiff number 6 is the son of Late Mohanlal Jalan who died on 1 May, 198 The defendants are the legal heirs of the other initial partners of the said firm.

(3.) The plaintiffs filled C.S No. 17 of 2017 claiming inter alia the following reliefs against the defendants:-