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1976 Supreme(Del) 86

D.K.KAPUR
KALI RAM – Appellant
Versus
RAM RATTAN – Respondent


Advocates Appeared:
S.L.Bhatia, V.B.ANDLEY

Dalip K. Kapur

( 1 ) THE parties to this appeal are brothers who had entered into a partnership on 11th January, 1964. The business was to be carried on under the name and style of M/s. Gupta Handloom Stores on certain terms and conditions which will be analysed later to the extent necessary in this appeal. R am Rattan, the respondent in this appeal instituted a suit for dissolution of partnership and rendition of accounts slating that he had become a T. B. patient and had not been able to look after the business of the firm and, the defendant had taken some illegal steps to expel him from the business and had fabricated books of account and removed a major portion of the assets. Further, it was alleged that disputes had arisen between the parties and a reference was made to arbitration, but the arbitrators were unable to reach any decision. The plaintiff wanted a decree for dissolutisn of partnership and rendition of accounts. Kali Ram. the present appellant resisted the suit and claimed that he had served a notice on the plaintiff on 4th November, 1966, intimating that the partnership stood dissolved. He also contended that the capital investment of the plaintiff had been withdraw





























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