SATYA DEVI Vs. SURINDER KUMAR AND ORS

JUDGEMENT

(1.) This is a second appeal filed by the plaintiff/appellant, assailing the judgment and decree dated 19.2.1980 passed by the Addl. District Judge, Jalandhar in Civil Appeal No. 315 of 1979, setting aside the judgment and decree dated 29.9.1976 passed by the Sub-Judge, Jalandhar, whereby the learned trial Court had decreed the suit of the plaintiff declaring Partnership deed dated 5.7.1965 as null and void, vitiated with fraud, collusion and misrepresentation.

(2.) The brief facts of the present case are that plaintiff filed the suit for declaration to the effect that the alleged deed of partnership dated 5.7.1965 be declared void and nullity as it is vitiated with fraud, collusion and misrepresentation. As per plaintiff, the following pedigree-table will be useful in narrating the facts:

(3.) As per plaintiff, there was a registered partnership known as M/s Jain Iron Works Tanda Road, Jalandhar, with its branches at Delhi and Calcutta, which was constituted under a partnership deed dated 1.4.1962; Naranjan Dass one of the partner and husband of the plaintiff No. 1 and father of defendant Nos.2 and 3 died on 3.7.1965 and after his death, the defendants with mutual conspiracy and collusion and fraud got executed the alleged deed of partnership dated 5.7.1965 and got the same signed from the plaintiffs. It is further alleged that the said partnership deed dated 5.7.1965 is not a valid document and is inoperative and not binding on the plaintiffs being void and nullity on the following grounds: