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2021 Supreme(Raj) 1165

ARUN BHANSALI
Balkishan – Appellant
Versus
Budh Singh – Respondent


Advocates Appeared:
For the Appellant : N.K. Rastogi and Amit Tatia
For the Respondents: Jitendra Chopra

JUDGMENT :

Arun Bhansali, J.

1. These appeals are directed against the judgment & decree dated 4/10/2018 passed by the Addl. District Judge No. 2, Jodhpur (Metro), whereby, the appeals filed by the appellants-defendants against the judgment and decree dated 6/5/2014 passed by the Addl. Civil Judge (Sr. Div.) No. 7, Jodhpur (Metro) have been dismissed.

2. The suit was filed by the plaintiffs - Budh Singh and Kan Singh against Bharat Petroleum Corporation Limited ('BPCL') and its Senior Divisional Manager for mandatory injunction and for making changes in the dealership record.

3. It was inter alia indicated in the suit that plaintiffs and Bal Kishan & Ganpat Singh were partners in the firm Jaman Singh Pabu Singh; the firm was created in 1957, which at the relevant time was dealer of M/s. Burma Shell Oil Storage & Distributing Company of India Limited; the firm established a petrol pump at Sumerpur; on 4/11/1975 a fresh partnership deed was executed and the same was registered on 7/5/1976 with the Registrar of Firms, Jaipur; at the relevant time there were six partners i.e. Pabu Singh, Bal Kishan, Budh Singh, Kunney Singh, Ganpat Singh and Kan Singh. On 27/7/1976, Pabu Singh died and in

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