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1989 Supreme(J&K) 137

R.P.SETHI
Yog Raj – Appellant
Versus
Kuldeep Raj Gupta – Respondent


Advocates Appeared:
Advocate For Appellant: R.P. Bakshi
Advocate For Respondent: J.P. Singh
Advocate For Appellant: V.K. Gupta
Advocate For Appellant: Permod Kohli

The petitioner-plaintiff has filed a suit for declaration to the effect that the decree passed by Sub-Registrar Munsiff, Jammu dated 2-12-1983 in civil suit No. 515 is null and void being without jurisdiction and inoperative which was inexecutable and not binding upon the plaintiff. The prohibitory injunction restraining the defendant No. 1 from executing the said decree has been prayed as a consequential relief. This petition has been filed for the grant of interim stay. While admitting the suit and subject to the filing of objections by the other side, the execution of the decree impugned in civil suit dated 2-12-1983 was stayed by this Court and the term of the order was extended up to 2nd of Nov., 1989.

2. I have heard the learned counsel for the parties and peruse the record.

3. The petitioner has alleged in his suit that he had obtained a shop on rent from defendant No. 1 and was carrying on business therein in partnership with S/Shri Rajinder Kumar, Partool Chand, Sita Devi and Shanti Devi. It is submitted that the defendants instead of getting the rent deed executed showed his wife as a partner with the plaintiff and other partners in the year, 1971. It is submitted that the

















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