PRITAM SINGH Vs. SARUP SINGH

JUDGEMENT

(1.) THIS judgment will dispose of Civil Revision Nos. 103/1975 and 826/1977.

(2.) THE plaintiff instituted a suit for dissolution of partnership and rendition of accounts against the defendant -respondents. It was alleged by the plaintiff that he and defendant Nos. 1 to 3 were carrying on business of manufacturing the rubber goods in the name and style of M/s. Sarup Rubber Works at Jullundur on the basis of an oral agreement. On April 1, 1959, they executed a deed of partnership. Subsequently, Rawal Singh and Raghbir Singh defendant -respondents were taken as partners, and a fresh partnership deed was executed on April 2, 1960. It is alleged that the said defendants were required to maintain accounts books and render the accounts to the plaintiff, which they failed to do. It is further alleged that the defendants had removed a part of the machinery belonging to the partnership and misappropriated the same. He also averred that defendant Nos. 1 to 3 let out part of the premises of the factory to Ashok Kumar at a monthly rent of Rs. 200/ - and another part to Jodh Singh at the rate of Rs. 250/ - P.M. and they had been realising the rent from them.

(3.) THE application for appointment of Receiver was contested by defendant Nos. 1 to 3. It was dismissed by the Subordinate Judge 1st Class, Jullundur on June 15, 1974. The plaintiff went up in appeal before the Senior Subordinate Judge who affirmed the order of the Subordinate Judge, First Class and dismissed the same. He came up in Civil Revision No. 103 of 1975 against the order of the Appellate Court to this Court.