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1988 Supreme(SC) 281

A.P.SEN, L.M.SHARMA
Abdul Hamid Shamsi – Appellant
Versus
Abdul Majeed – Respondent


Advocates:
A.P.CHATTERJEE, DIPAK MITRA, G.S.CHATTERJEE, N.CHAUDHURY, RATHIN DAS, S.N.KACKAR

Judgment

SHARMA, J. :- The jurisdiction of the City Civil Court, Calcutta to entertain a suit being T.S. No. 520 of 1983 filed by the respondent No. 1 is under challenge in the present appeal on the ground that the correct value of the suit is beyond the pecuniary jurisdiction of the Court. The plaintiff-respondent No. 1 has alleged that he is a partner of a partnership business along with his brothers defendant Nos. 1 and 2. Originally it was a proprietary business belonging to Abdul Samad, father of the plaintiff and defendant Nos. 1 and 2. and was later converted into a partnership firm by a regular deed. During his life time the business was under the control of Abdul Samad, but on his death the defendants Nos. 1 and 2 have effectively taken charge of the business and excluded the plaintiff. A suggestion to reconstitute the partnership made and repeated by the plaintiff has been ignored. In reply to the plaintiffs letter seeking information the defendant No. 2 - petitioner has stated in his letter to the plaintiff that he (the plaintiff) has no interest in the firm. In paragraph 11of the plaint it is stated that he has on enquiry discovered that the defendants Nos. 1 and 2 have












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