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1985 Supreme(Cal) 153

SUKUMAR CHAKRAVARTY
SHYAM SUNDARSHAW – Appellant
Versus
NETAI CHAND SHAW – Respondent


Advocates Appeared:
ARABINDRA GHOSH, ARCHANA MANNA, ASHOK GHOSH, TARUN CHATTEJEE

SUKUMAR CHAKRAVARTY, J.


( 1 ) THIS second appeal is directed against the judgment and decree passed by the learned Additional District Judge, 2nd Court, Midnapore, in other (sic) Appeal No. 320 of 1971, confirming the judgment and decree passed by the learned Munsif, 2nd Court, Midnapore, in Title Suit No. 93 of 1970.

( 2 ) THE plaintiff filed the suit for dissolution of partnership and for accounts. It was the case of the plaintiff in brief that the partnership business was run under the style of Mrs. Farquhar alone and that on 10-7-62 Mrs. Farquhar accepted the defendant Shyam Sundar Shaw as 8 as. partner in her business with effect from June 1962 on the defendant's payment of Rs. 6000/- only towards capital. Mrs. Farquhar from time to time took loans from the plaintiff and the total amount of such loan stood at Rs. 6000/ -. Mrs. Farquhar took the aforesaid loan with an intention to sell her share in the partnership business to the plaintiff provided she would fail to repay the loan. Mrs. Farquhar finally decided to leave India for settling permanently in England and on 25-3-63 a bond with regard to the loan amount of Rs. 6000/- and agreement for sale of the 8 as. share of Mrs.















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