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2011 Supreme(Bom) 781

A.S.OKA
Shavak Burjorji Patell – Appellant
Versus
Jamshid Kersi Dalal – Respondent


Advocates Appeared:
For the Appellant:G.S. Godbole, Advocate.
For the Respondents:R1, Vineet Naik a/w Ms. Deepa Ahuja, R3, M.R. Deshpande, Advocates.

Judgment :

1. By this appeal from order, the Appellants have taken an exception to the judgment and decree passed by the District Court in an appeal by which an order of remand has been passed. This is an Appeal against an order of remand. In the case of Narayanan versus Kumaran [(2004)4 SCC 26], the Apex Court held that an Appeal under clause (u) of Rule 1 of Order XLI of the Code of Civil Procedure, 1908 can be entertained only on the ground available under Section 100 of the said Code. Accordingly, by order dated 16th March, 2007, this Court has framed the substantial questions of law.

2. The present appeal has been preferred by the original Defendant Nos.1, 3, 4 and 10. The Respondent No.1 is the original plaintiff and the other Respondents are the other Defendants. On 15th March, 1982, a deed of partnership was executed by and between the Defendant No.1 and one Mr.Framroze Burjorji Patell for carrying on the business in partnership under the name and style as M/s.Dorabjee and Company. The said Mr.Framroze Burjorji Patell withdrew himself from the partnership. On 1st April, 1984, a deed of partnership was executed between the Plaintiff and the Defendant No.1. for the running the






































































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