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1990 Supreme(SC) 45

J.S.VERMA, M.H.KANIA
Patasibai – Appellant
Versus
Ratanlal – Respondent


Advocates:
BINA GUPTA, C.K.RAINA PARKHI, Ranjana Bobde, S.D.Mudaliar, V.A.BOBDE, V.P.Salve

Judgment

J.S.VERMA, J.

(1) SPECIAL leave granted.

(2) THE short question involved is the maintainability of the suit which gives rise to this appeal. The appellants contend that the suit is not maintainable even on the plaint averments. The trial court held the suit to be maintainable and the High court has dismissed the appellants revision affirming that view. Hence this appeal by special leave.

(3) THE appellants are the legal representatives of Motilal who purchased the disputed property, ftamely, Goyal Talkies at Kamptee in the year 1946. The said Motilal entered into a partnership on 31/12/1953 with respondent Ratanlal representing the joint family firm "M/s Ratanlal Darndoolal and Bros." for the purpose of running the cinema business in Goyal Talkies. Some disputes having arisen between the parties, the said Motilal together with his wife and children filed Civil Suit No. 19-A of 195 5/08/1955 in the court of Civil Judge, Class I, Nagpur, against respondent Ratanlal as defendant I, the firm "M/s Darndoolal and Bros." as defendant 2 and one Puranmal as defendant 3. The suit was for the dissolution of partnership, rendition of accounts and anc














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