LAWS(J&K)-2008-10-35

S ARVINDER SINGH Vs. RAJINDER SINGH

Decided On October 13, 2008
S Arvinder Singh Appellant
V/S
RAJINDER SINGH Respondents

JUDGEMENT

(1.) THROUGH this revision petition, petitioners seek setting aside of order dated 28.12.2007 passed by the learned City judge, Jammu whereby the court below has allowed the application for amendment filed by respondents 1 and 2.

(2.) THE facts of the case are that the plaintiffs filed a civil suit seeking declaration to the effect that they be declared entitled to be formally appointed as dealers/licencees of the respondents i.e. M/s Bharat Petroleum Corporation for operating the Petrol Pump under the name and style as Kashmir Automobile Store situated at Opposite Manda Quarter, Jammu; with consequential relief of mandatory injunction directing the M/s Bharat Petroleum Corporation and its functionaries for recognizing/appointing respondents 1 and 2 as dealers/licencees for operating the retail outlet of the petrol pump.

(3.) THE case set out by the plaintiffs is that they and father of petitioner entered into partnership in the firm titled as Kashmir Automobile Stores. It is averred that this firm has joint bank account, which was operated by the plaintiffs and father of the petitioner. It is alleged that father of the petitioner had managed to get the licence of the petrol pump transferred in his name without dissolving the firm. It is further contended by the petitioner that he is also entitled to operate bank accounts and affairs of the Company.