SHEIKH GH AHMAD Vs. SHEIKH MOHD IQBAL

JUDGEMENT

(1.) THIS revision application is directed against the order of the Sub -Judge, Ramban, dated 10th November, 1969. The facts giving rise to this application are as under: -

(2.) A suit for dissolution of partnership and rendition of accounts was instituted by the plaintiff -respondents against the defendant -petitioner in the Court of the Sub -Judge, Ramban, on the following facts: that the plaintiffs and the defendant by means of a partnership deed dated 3rd January, 1969 registered by the Sub -Registrar, Ramban on the same date, became part ­ners in a truck No. JKA -6591, Model 1962, in equal shares; that the plaintiffs had invested Rs. 14,000 as their share of the busi ­ness; but the truck was being driven by the defendant and he had to render accounts towards the plaintiff No. 1 but as no accounts were rendered by the defendant, a suit for dissolution of partnership and rendition of accounts was instituted.

(3.) WE need not go into the pleas taken on the merits of the case by the defendant but as an additional plea, it was asserted by him that a route permit could not be transferred in favour of anybody and in the partnership deed the route permit also was transferred, therefore the partnership deed was illegal and the suit of the plaintiffs was not as such maintainable. Issues were struck in this case on 4th August, 1969 and issue No. 2 ran in the following words: - "Whether under law, no person can transfer a route permit to another person and since there is no mention of transfer of route permit in the partnership between the parties, the partnership -deed is against law and what is its effect upon the present suit O.P.D." After hearing arguments, the learned trial Judge by his order under revision relying on a Madhya Pradesh ruling reported as AIR 1966 MP 13, held that this partnership was not hit by any provisions of the Motor Vehicles Act and decided the issue against the defendant. It is against this order of the learned trial Judge holding that the suit is maintainable that this revi ­sion petition has been preferred in this Court.