SATYAJIT PANI Vs. BINITA PANI

JUDGEMENT

(1.) THE Petitioner in this case assails the Order Dated 16.08.2013 passed in Civil Suit No. 364 of 2010 of the Court of Additional Civil Judge (Senior Division), Puri dismissing his application under Order I, Rule 10 of the Code of Civil Procedure, 1908, hereinafter referred to as the "Code" for brevity. Facts of the case leading to filing of this Writ Petition may be summarized as follows:

(2.) IT is alleged that on 26.05.2010, the Defendants No. 1 to 3 forcibly entered into the hotel & snatched away money from the Manager, for which a report was lodged before the Kumbharpada Police on the same day. On 27.05.2010, it is further alleged that the legal representatives of Samuel again entered & forcibly occupied the Hotel.

(3.) IT is alleged by the present Petitioner that on 01.09.2011 Suhasini being 50% share -holder, notified her intention to retire as well as to introduce Satyajit as partner as she intended to transfer her 50% share to Satyajit & asked for Bijaya's consent. On 05.09.2011, Bijay intimated his consent for transfer to Satyajit as well as consent to introduce Satyajit as partner. On 17.09.2011, the document of transfer of 50% share & interest in partnership of Suhasini in the name of Satyajit Pani w.e.f. 31.03.2012 afternoon was executed. On 21.09.2011, Suhasini filed application for withdrawing from the suit without taking consent from previous lawyer. Suhasini filed her second application for withdrawing from the suit or for grant of permission to engage new lawyer to conduct the suit on her behalf, the same was allowed. On" 12.12.2011, Suhasini filed application to delete her name from the suit.