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2024 Supreme(Raj) 885

NUPUR BHATI
Dev Prakash S/o. Heera Lal Soni – Appellant
Versus
Indra D/o. Late Prabhu Dayal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. JL Purohit (Sr. Adv.) with Mr. Rajeev Purohit
For the Respondent: Mr. Nishank Madhan

JUDGMENT :

Nupur Bhati, J.

1. These misc. appeals are filed by the appellants/defendants under Order 43 Rule 1(s), Civil Procedure Code, 1908 (hereinafter as ‘CPC’) against the orders dated 25.04.2015 passed by the Additional District Judge No. 3, Bikaner (hereinafter as ‘the trial court’) in Civil Misc. Case No.(s) 12/2015 and 13/2015 respectively, whereby the learned trial court has allowed applications filed by the respondent no. 1 to 5 under Order 39 rule 1 & 2 read with Section 151 of the CPC and Order 40 Rule 1 read with Section 151 of the CPC respectively.

2. Briefly stated, the facts of the case are that on 10.02.1995 the partnership firm- M/s Chandratan Heeralal, Luharon ka Muhalla, Naya Kuan, Bikaner(hereinafter as ‘the firm’) was created between Late Prabhu Dayal (hereinafter as ‘deceased partner’)and Mr. Dev Prakash (hereinafter as ‘Appellant no. 1’) and a partnership deed was executed between them on 15.08.1995 and they both had equal partnership in the properties of the firm. The firm was registered with Registrar of firms and a license under The Rajasthan Shops and Commercial Establishments Act,1958 was also taken. The immovable property(at Luharon ka Muhalla, Naya Kuan

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