1. Admit. With the consent of the learned counsel for the parties heard forthwith.

2. The Revisionary Jurisdiction of this Court under Section 115 of the CPC is invoked against the order dated 19th May, 2014 passed by the learned Judge of the City Civil Court, Bombay by which order the learned Judge has decided the preliminary issue and ruled on the said preliminary issue by holding that the City Civil Court has jurisdiction to try and entertain the suit.

3. The suit in question being SC Suit No.9070 of 1995 was originally filed in this Court and was bearing High Court Suit No.3699 of 1995. The Applicant herein is the original Defendant No.1. The Respondents No.1 and 2 are the original Plaintiffs and the Respondents No.1(a) to 1(e) are the heirs of the original Plaintiff Boman P. Irani who has expired. The Defendant No.2 i.e. Respondent No.3 herein is also supporting the Plaintiffs.

4. The suit in question has been filed by the Plaintiffs for declaration that the partnership in the name of Roopsons is dissolved with a further declaration that the Plaintiff and the second Defendant have 10 paisa share each and the Defendant No.1 has 70 paisa share in the suit partnership. The second relief that is sought by the Plaintiff No.1 is a declaration that he is entitled to possession of shop No.7 and to the trade name and goodwill of the suit partnership. The Plaintiff has also prayed for a direction for winding up of the affairs of the partnership firm and further to direct the Defendant No.1 to render true and faithful accounts of the partnership firm.

5. It is averred in the plaint that the original deceased Plaintiff No.1 was the tenant of one M/s. Palmbeach Trust in respect of various shops which include shop Nos.4 and 7 in the building owned by the said Trust known as “Zaver Galleries”. It is averred that on or about 26.11.1965, deceased Plaintiff No.1 and three others entered into a partnership to carry on business in readymade clothes in the name and style of M/s. Beauty Kendra in shop No.4 in the said building. It is further averred that in the year 1971, the first Plaintiff along with the second Defendant and three other persons agreed to enter into a partnership to carry on business of clothes in the name and style M/s. Roopsons. It is during the currency of the said Partnership Deed that by Conveyance dated 27.04.1978 the Defendant No.1 and his two brothers purchased the entire building and became owners thereof and as such the deceased Plaintiff No.1 and his son became joint tenants of the new owners in respect of shop No.7. It is further the case of the Plaintiffs that the said partnership was renewed from time to time and lastly on 01.04.1990 a fresh Partnership Deed was executed between the parties and by virtue of the said partnership, the Defendant No.1 was entitled to 70 paisa share and Plaintiff and the Defendant No.2 were each entitled to 10 Paisa share in the profits of the partnership. It was also agreed between the parties that shop No.7 be allowed to be used along with trade name Roopsons by the partnership firm on the basis of Leave and Licence. It is averred in the plaint that the said Deed of Partnership contemplates rights and liabilities of all the partners and also makes provision about the stock in trade, furniture, Bank Balance and assets of the partnership. It is further the case of the Plaintiffs that on 31.03.1994, the period of partnership came to an end and the Defendant No.1 who was managing the affairs of the suit partnership was required to finalize the accounts and was permitted to continue the suit partnership for winding up purposes, but instead of winding up the business of the suit partnership and submitting its account to the other partners, the Defendant No.1 wrongfully and without the consent of the Plaintiffs proposed to carry on business of the suit partnership. The Plaintiffs therefore, addressed a notice to the Defendant to stop business. However, the said notice did not meet wi