PRAHLADRAI Vs. ASHOK KUMAR & ORS

JUDGEMENT

(1.) This revision petition has been filed by the petitioner aggrieved by order dated 20.05.2011 passed by the trial court rejecting his application under Order VII, Rule 11 CPC.

(2.) The facts in brief are that the respondent Nos.1 and 2 Ashok Kumar and Dungarmal filed a suit on 13.08.2007 seeking dissolution of a partnership firm M/s. Ruglal Thanduram, Sri Ganganagar and rendition of accounts.

(3.) An application was filed by the present petitionerdefendant No.1 under Order VII, Rule 11 CPC, inter alia, on the ground that the suit for dissolution of a partnership firm can only be filed by a partner of the firm; neither of the plaintiffs was ever partner of the firm in the past or present which is clear from a bare reading of the plaint; Manohar Lal had retired in the year 1978 and Girdhari Lal had retired in the year 1963 well before their death and when said Manohar Lal and Girdhari Lal were not partners of the firm, the plaintiffs as their legal representatives cannot claim to be partners of the firm; under provisions of Section 9 CPC only suit of civil nature can be taken cognizance of by the Court and the plaintiffs have no right to file the suit.