DES RAJ Vs. MOHAN LAL

JUDGEMENT

(1.) This appeal by the defendant/appellant is directed against the judgment and decree dated 6.10.1988 passed by the learned Courts below vide which the suit filed by the plaintiff/respondents for dissolution of partnership and rendition of accounts of M/s Mohan Lal Satish Kumar, which was incorporated on 1.4.1973, for carrying on business of Kiryana and general merchandise at Cheeka. The plaintiff and the defendants were active partners to the firm. The partnership deed was drawn on 10.5.1973, which stipulated, that all the parties were to share the profit and loss equally. In the case of any dispute between the parties, regarding the partnership deed or affairs of the firm, it was to be referred to an arbitrator mutually agreed upon. The stand of the plaintiff was that defendants excluded the plaintiff from looking after and supervising the business of the firm, which was being run in shop No. 160 at Cheeka Mandi. It had become impossible for the plaintiff/respondent to continue as a partner in the firm. It was in these circumstances, the decree for dissolution of partnership and rendition of accounts was prayed for.

(2.) The Court noticed that the plaintiff was brother of Sohan Lal, defendant No. 1 and son of Kali Ram, defendant No. 2, these partners were the family members.

(3.) The suit was contested by filing two separate written statements. One on behalf of defendants No. 1 & 2 and the second on behalf of defendant No. 3.