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2017 Supreme(Del) 3839

YOGESH KHANNA
Manju Singh – Appellant
Versus
Dharamvir Singh – Respondent


Advocates Appeared:
For the Plaintiff :Ms.Anu Mehta, Advocate.
For the Defendant :Ms. Amrit Kaur Oberoi, Advocate for defendant no. 1 and 2.

JUDGMENT :

YOGESH KHANNA, J.

OA No. 26/2016

1. This Original Appeal is filed against the impugned order dated 19.12.2015 passed in IA. No.22306/2014 by the Joint Registrar (Judicial). The operative part of said order is as under:-

“Per contra, plaintiff has claimed that besides dissolution of partnership firm and rendition of accounts, the original suit is also for recovery of an amount of Rs.2.50 Crore which has been claimed against both the defendants including defendant no.2. Plaintiff has claimed that defendant no.2 nowhere pointed as to how and when the loan of Rs.2.25 Lacs taken by him in the year 2002, was returned and even the documents relied upon by him does not reflect the same. It is also the claim of plaintiff that diversion of money by defendant no.1 to defendant no.2, without permission and knowledge of plaintiff, is beyond the scope of this partnership arrangement. It is further the case of plaintiff that bank records relied upon by him shows various unexplained withdrawals ranging from Rs.1.00 lac to Rs.3.00 lac by defendant no.1, for which no explanation has been offered and said withdrawals were never put into the knowledge of plaintiff and defendant no.2 being the u











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