JYOTI KAPOOR Vs. RAKESH CHANDER

JUDGEMENT

(1.) By way of present revision petition, challenge has been made to an order dtd. 7/9/2022 (P-10) passed by the Court of Civil Judge (Junior Division), Jalandhar; whereby an application filed at the instance of petitioners/ plaintiffs (hereinafter referred to as 'the petitioners'), for directing the Local Commissioner to visit the premises of respondent in compliance of the previous order dtd. 1/10/2021 and directing the respondent/ defendant (hereinafter referred to as 'the respondent') to comply with the said by assisting the Local Commissioner, has been declined.

(2.) Brief facts of the case are that the petitioners filed a suit for declaration claiming inheritance over 50% share of partnership firm known as 'M/s Romesh Kumar and Bros.' along with prayer for seeking rendition of accounts and recovery besides, praying for permanent injunction restraining the respondent from alienating the assets of the partnership firm. It was pleaded in the plaint that 'M/s Romesh Kumar and Bros.' happened to be a partnership firm consisting of two brothers, namely, Ramesh Kumar and Rakesh Kumar of which Ramesh Kumar was father of the petitioners, who unfortunately expired on 17/11/2020. It was also pleaded that on account of unfortunate demise of Ramesh Kumar, the partnership firm came to an end, thereby creating a cause of action in favour of petitioners for the purpose of filing the present suit. Along with the suit, the petitioners filed an application with a prayer for appointment of Local Commissioner for examination/ valuation of stocks of partnership firm 'M/s Romesh Kumar and Bros.' and to know account entries as on the date of death of Ramesh Kumar as well as on the date of inspection, besides even for the purpose of receiving the copies of accounts after 1/4/2020 from the respondent.

(3.) The aforesaid prayer made at the instance of petitioners was allowed by the trial Court vide order dtd. 1/10/2021. The operative part of the aforesaid order dtd. 1/10/2021 is reproduced hereunder:-