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1957 Supreme(Bom) 40

D.V.VYAS
Bhikamdas Balaram and Ors. – Appellant
Versus
Motilal Gambhirmal – Respondent


ORDER

1. This is a revisional application filed by the Petitioners who were originally defendants Nos. 1, 2 3 and it raises a question of court-fees. The plaintiff-opponent has filed a suit, being suit No. 6 of 1955, against the petitioners for dissolution and accounts of an alleged partnership between himself and the first petitioner. The plaintiff has also asked for a declaration that the transactions entered into by the first petitioner with the other petitioner were not binding upon him and did not in any way affect his rights to the suit properties and prayed that the accounts of the alleged partnership be taken after taking this fact into consideration. He has also prayed for partition of the partnership properties and possession thereof from the petitioners and for the amount found due upon taking accounts from the first petitioner. There is also a prayer for the appointment of a receiver or commissioner for the custody of properties and for taking accounts.

2. The suit was originally filed in the Court of the Joint Civil Judge, Junior Division, Poona and it was resisted by the petitioners upon several grounds, one of the grounds being that proper court-fee stamp was not pai





















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