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1975 Supreme(J&K) 15

MUFTI BAHA-UD-DIN FAROOQI
Prem Parkash Kapoor – Appellant
Versus
Gobind Ram Kapoor – Respondent


Advocates Appeared:
Advocate For Appellant: Bhagirath Dass
Advocate For Appellant: J.N. Bhan
Advocate For Appellant: M.L. Bhat
Advocate For Respondent: K.N. Raina
Advocate For Respondent: S.P. Vohra

(1) The plaintiff and defendants 2 to 5 are real brothers. Defendant No. 1 is their father. Defendant No. 6 is the plaintiffs brothers son and the grand son of defendant No 1. By an agreement dated May 1, 1969 the plaintiff and defendants 1 to 5 entered into a partnership for carrying on business in the sale" and manufacture of various categories of cloth, woollemn and silken, under the name and style of M/s kapoor & Co , Srinagar. with its head office at Srinagar. The profit and loss was to be shared in the proportion entered in the deed. Defendant No. 6, who was then a minor, was also admitted to the benefits of the partnership. The partnership business actually commenced from April 1, 1969. The relevant provisions of the deed are these: -

(7) The partnership shall be deemed to have started from 1-4-1969 and shall be partnership at will.

(8) All partners except Shri Romesh Chander Kapoor (party of the sixth part) shall be actively engaged in the partnership business. Party of the sixth part i. e. Shri Romesh Chander Kapoor being engaged in Army service shall be a sleeping partner only.

(10) That the partnership shall be liable to be determined by any party hereto giving a n



















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