OM PARKASH Vs. NARNDER KUMAR SHARMA AND OTHERS

JUDGEMENT

(1.) By this common judgment, I am disposing of two appeals i.e. RSA No. 4278 of 2010 and ASA No. 4279 of 2010 both titled Om Parkash Versus Narinder Kumar Sharma and others as both these appeals have arisen out of single suit. However, two appeals have been preferred because there were two first appeals.

(2.) Respondent No. 1-plaintiff-Narinder Kumar Sharma filed suit against M/s. Saree Sagar Textile (defendant No. 1), Om Prakash-defendant No. 2-appeIlant and the Branch Manager, Central Bank of India-defendant No. 3 as proforma defendant. The plaintiff alleged that he and defendant No. 2 and one Dev Raj constituted partnership firm-defendant No. I on 16.12.1977. All the three partners had l/3rd share each in the firm. Dev Raj had died before filing of the suit. Plaintiff went from Bhatinda to Delhi to expand his own business. Business of defendant No. 1-partnership firm was left in the hands of defendant No. 2 on his assurance. However, plaintiff later on learnt that defendant No. 2 had changed the name of defendant No. 1 as M/s. New Saree Sagar Textiles without dissolution of defendant No.l- firm. Accordingly, plaintiff sought dissolution of the firm-defendant No. 1 and distribution of its assets-movable and immovable (shop in which the business was carried on) and for rendition of accounts of the firm and also for permanent injunction.

(3.) Defendant No. 2 contested the suit whereas defendants No. 1 and 3 were proceeded ex-parte. Defendant No. 2 denied that any firm was constituted by defendant No. 2 with the plaintiff. It was pleaded mat they never worked as partners. Defendant No. 2 is running the firm as sole proprietor. Dev Raj and plaintiff have no concern with the same. Various other pleas were also raised.