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2001 Supreme(Pat) 229

NAGENDRA RAI
Ramesh Kumar Bhalotia – Appellant
Versus
Lalit Kumar Bhalotia – Respondent


Judgment

1. The defendant is the petitioner against the order dated 8-6-2000 passed by Munsif, Jamui in Title Suit No. 49 of 1998 rejecting his objection regarding the maintainability of the suit.

2. The plaintiffs opposite party on 19-4-1996 filed Administrative Suit No. 24 of 1996 claiming that they and the defendant petitioner are own brothers and they deal in Kerosene oil business in the name and style of M/s. National Agencies at Jamui. The Kerosene oil business was a Joint family business and looked after by his father as a karta and after his death, the defendant petitioner was looking after the same. In 1989, a partnership deed was created between them which was registered under the provisions of the Registration Act. Later on the defendant - petitioner started acting dishonestly and accordingly the said suit was filed for declaration that the plaintiffs and defendant being partners of M/s. National Agencies are entitled to 1/3rd share each in profits and loss and defendant may be directed to render account of the said firm and necessary direction may be issued for rendition of the account and for proper administration of the firm and after adjudication decree for the amount









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