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1997 Supreme(J&K) 76

A.M.MIR
Romesh Kumar Lakra – Appellant
Versus
Baldev Raj Sawhney – Respondent


Advocates Appeared:
Advocate For Appellant: Z.A. Shah
Advocate For Respondent: H.L. Bhagotra
Advocate For Appellant: D.S. Chouhan

1. This is a petition filed in terms of Sub-Rule 2 of Rule 11 of Order 21, Code of Civil Procedure, (hereinafter called the Code), for execution of a decree passed by this Court in Civil Original Suit No.4 of 1968. This suit was filed by the non-applicant No.1, Baldev Raj Sawhney, for declaration that partnership business of National Arms Co. as constituted by Patnership Deed dated 6th April, 1962, be declared as dissolved. Besides this, a relief of settlement of accounts was also sought by the plaintiff. Besides the applicant, Romesh Kumar Lakra, non-applicants 2 & 3 were arrayed as defendants in that suit. The parties to the suit compromised and as a result of that compromise a consent decree came to be passed on 6th of October, 1969. The relevant paras of the decree are as under: -

1. The plaintiff Shri Baldev Raj Sawhney should deliver at actual cost price fifteen guns a month manufactured in that factory "The National Small Arms Co" to Sh. R.K. Lakra, defendant No. 1, who shall be bound to make cash down payment for the same;

2. The conditionNo.1 shall remain in-force till the factory National Small Arms Co. remains in existence;

3. That in case the Central Government or the Gove








































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