LAWS(PAT)-1993-10-3

SUMITRA DEVI Vs. JAHNVI PRASAD SAH

Decided On October 13, 1993
SUMITRA DEVI Appellant
V/S
JAHNVI PRASAD SAH Respondents

JUDGEMENT

(1.) This revision application is directed against the judgment and decree dated 28-9-1974 passed by Second Additional District Judge, Patna in Title Appeal No. 132 / 30 of 1971 / 74, by which he has set aside the final decree dated 15-11-1971, passed by Subordinate Judge, Barh in Title Suit No. 100 of 1960 for dissolution of partnership and rendition of accounts and has remanded the matter to the trial court for passing a fresh judgment and decree in accordance with law.

(2.) The question which has been referred to the Division Bench for decision is as to whether in a suit for dissolution of partnership and rendition of accounts the valuation given in the plaint would govern the forum of appeal or the amount for which the final decree has been passed.

(3.) The factual foundation essential for determination of the question referred to the Division Bench is that the plaintiff-petitioner filed a suit for dissolution of partnership running in the name and style of J. P. Sahi and Co., for rendition of account and for permanent injunction restraining the defendant from removing the materials or from selling any of the assets of the partnership business.