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2003 Supreme(Raj) 459

HARBANS LAL
Prahlad Sharma – Appellant
Versus
Khubi Ram – Respondent


Advocates Appeared:
R.K. Agrawal, for Appellant S. Kasliwal & K. Verma, for Respondents

Honble HARBANS LAL, J.–This application under Order 40 Rule 1 C.P.C. has been filed on 17.8.2000 by and on behalf of the appellant for appointment of receiver in respect of the property and business of the firm M/s. Modern Auto Services, Bharatpur.

(2). Briefly stated, the relevant fact are that the appellants- plaintiffs instituted a suit for dissolution of partnership firm and rendition of accounts which was decreed by the trial court vide judgment and decree dated 13.8.1997 directing appointment of the receiver. The appeal filed by respondent No. 1 Khubi Ram was allowed on 23.5.2000 and the aforesaid judgment and decree passed by the trial court was setaside. So, the present second appeal was filed which has been admitted on 25.8.2000.

(3). It has been stated in the application that the appellant partner is a in the firm M/s. Modern Auto Service, Bharatpur and is, therefore, entitled to look after and manage its business, assets and affairs, Respondent No. 1 has stopped giving him accounts of the firm and has started to bring up hurdles in his taking part in the activities of the firm. He served him with a notice to furnish account s of the firm, but to no avail. Instead, he false




























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