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1970 Supreme(Bom) 22

R.R.BHOLE, J.L.NAIN
Santdas Moolchand Jhangiani and Anr. – Appellant
Versus
Sheodayal Gurudasmal Massand – Respondent


JUDGMENT - Nain, J.

1. This is a revision application against an order dated 2nd December, 1969, passed by the learned Civil Judge, Senior Division, Nagpur. By this order he has decided a preliminary issue, being issue No. 8 in the suit, as to whether the document which the parties described as a deed of dissolution of partnership, or, in so far as it pertained to payment or certain amounts of money by the continuing partner to the outgoing partners, it was also a bond within the meaning of Section 2 (c) (ii) and Article 13 of Schedule I of the Bombay Stamp Act, 1958.

2. The two plaintiffs and the defendant entered into a partnership under a deed of partnership dated 11th June, 1960 and carried on partnership business in Nagpur and Bhopal in the name and style "Messrs. Oriental Engineering Company". They decided to dissolve this partnership with effect from 1st April, 1966, settle the accounts of the partnership, and provide for the defendant continuing the partnership business, payment of amounts found due to the outgoing partners and several other matters. On 5th July, 1966 they reduced what they called "the terms of dissolution" to writing. The interpretation of this writing which



























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