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1981 Supreme(Guj) 60

A.M.AHMADI
MOHATTA BROS. – Appellant
Versus
CHATURBHAIDAS CHIMANLAL – Respondent


Advocates Appeared: B.S.TRIVEDI, RAMESH K.SHAH, SAURABH N.SOPARKAR

A. M. AHMADI, J.

( 1 ) THE appellants Messrs Mohatta Brothers a partnership firm filed three suits being Civil Suits Nos. 106 of 1961 314 of 1961 and 33 of 1963 in the City Civil Court at Ahmedabad against the respon- dents for diverse reliefs. In Suit No. 106 of 1961 it was prayed that if the Court comes to the conclusion that the relationship between the plaintiff and the defendants was that of partners the Court should dissolve the firm of Messrs Chhaturbhuj Kharavala Mohatta and Company and order accounts to be taken. A similar relief was claimed in Civil Suit No. 33 of 1963 also. In Suit No. 314 of 1961 also the relief claimed was for the dissolution of the said partnership firm and for a share in the managing agency commission and for rendition of accounts. All these three suits were stayed under sec. 10 read with sec. 151 of the Code of Civil Procedure in view of the pendency of First Appeal No. 984 of 1960 in the High Court arising out of the dismissal of Civil Suit No. 205 of 1954. The said First Appeal came to be dismissed by this Court on 14/10/1976. It therefore appears that the aforesaid three suits were stayed from 1963 and onwards till the disposal of the appeal by th

















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