BALDEV SINGH Vs. SUKHDEV KAUR

JUDGEMENT

(1.) APPELLANT, Baldav Singh filed a suit for "dissolution of partnership and rendition of accounts" against Smt. Sukhdev Kaur, respondent alleging, therein that plaintiff and the defendant are partners in truck No. PUR-3347 in which, the plaintiff has got 1/4th share and the remaining 3/4th share is that of the defendant. It was also alleged that actual business is being carried on by the defendant who for quite some time has refused to render the accounts with respect to this truck.

(2.) THE defendant contested the suit and besides other pleas, also took a preliminary objection that the suit was not maintainable in the present form.

(3.) THE trial Judge framed the preliminary issue to the following effect :-"whether the suit is maintainable in the present form ?" The trial Judge deeided the said preliminary issue against the appellant after holding that the suit for rendition of accounts of an unregistered firm can lie only if the firm had been dissolved prior to the filing of the suit and that if the firm was undissolved on the date of filing of the suit, the only relief that could be granted in the suit was dissolution of the firm. The judgment and decree of the trial Judge is being impugned in the present appeal.