VITHALDAS CURSONDAS Vs. DULSUKHBHAI VADILAL

JUDGEMENT

(1.) This is an action instituted by an originating summons in which the plaintiff seeks a declaration that a partnership between himself and the four defendants was dissolved in October 1918-an account of the said partnership- damages for breach of the partnership agreement from defendants 1 and 2 and an indemnity for liabilities incurred in dealings with one Lallubhai.

(2.) The defendants object that the summons should be dismissed under Rule 223 as this form of action is not appropriate to the matters in dispute.

(3.) Provision was made for this form of action by the addition of appropriate words in Section 26 of the Civil Procedure Code. But as Order IV, Rule 1, requires every suit to be instituted by a plaint a suit cannot be instituted by originating summona under the Civil Procedure Code.