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2013 Supreme(Guj) 118

C.L.SONI
HASMUKHLAL JEKISHANDAS – Appellant
Versus
AMRUTLAL NANABHAI – Respondent


Advocates Appeared:
Ms. Archana R. Acharya, for Appellant Nos. 1 to 4.
Rutul P. Desai for Prashant G. Desai, for Respondent Nos. 1 to 5.

JUDGMENT

C. L. SONI, J. This appeal under Sec. 100 of the Code of Civil Procedure is filed by the original defendants against whom the respondents original plaintiffs filed Regular Civil Suit No. 1428 of 1980 for declaration that the partnership firm is dissolved and for rendition of accounts of the partnership firm. The plaintiffs also prayed for permanent injunction restraining the defendants from entering into the premises bearing Ward No. 7, Nondh No. 4259 and also restraining the defendants from carrying on the business in the said premises. The plaintiffs also prayed for appointment of Receiver for taking over all the properties of the partnership.

2. The case of the plaintiffs is that the father of the plaintiff named Nanabhai Nathubhai was tenant of the premises bearing Ward No. 7-Nondh No. 4259 in the city of Surat and was doing the business therein. Since, his financial condition was not sound, he decided to do the business in partnership and the partnership was started in the name of Abhay Traders from 19-4-1977 by executing the partnership-deed on the same day. Nanabhai Nathubhai died on 15-9-1980 and as per Condition No. 14 of the Partnership Deed, plaintiff No.2 being t
































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