No interference is required if there is no jurisdictional error.

ORDER: This civil revision petition is directed against the order dated 4.4.2002 passed by the

Principal Subordiante Judge, Pondicherry in I.A.No.434 of 2002 in O.S.No.189 of 2001, allowing the petition under O.8, Rule 9, C.P.C., and receiving additional reply statement filed by the first defendant. Plaintiff is the revision petitioner.

2. Plaintiff is entangled in the litigation relating to the family partnership business against his father - second defendant and brother-first defendant. Case of the plaintiff is that the plaintiff and the first defendant were partners in having the business in Textiles under the name and style “Murugans” at Pondicherry in door No. 265. A showroom consisting of ground floor, first floor and second floor was built over the property bearing door No.265. According to the plaintiff, in 1996, difference of opinion arose between the Brother-in-law of the first defendant. The plaintiff has alleged that they have removed the costlier goods/dress materials as well as cash. Due to the misunderstanding between the brothers, there was a suggestion by the father/second defendant, directing the first defendant to pay a sum of Rs.2,00,00,000 (Rupees two crores) to the plaintiff, so that he can retire from the partnership. After six months, the first defendant has pleaded his enability to pay the amount. Hence, the second defendant suggested to the plaintiff to pay Rs.2.00,000 (Rupees two crores) to the first defendant and take the business for himself. It is not in dispute that the plaintiff has totally paid a sum of Rs.95,00,000 (Rupees ninety five lakhs only); but stopped payment of further amount. The plaintiff has alleged that on account of the amount payable, the first defendant has removed valuable silk sarees, dress materials and other accessories from the shop. The first defendant had presented five cheques given by the plaintiff for collection. Since the cheques were dishonoured, the first defendant has filed criminal cases against the plaintiff under Sec.138, N.I.Act on the file of Judicial Magistrate No.1, Pondicherry. Hence, the plaintiff has filed the suit:

(a) For dissolution of the partnership business formed between the plaintiff and the first defendant by the deed of partnership dated 6.3.1995.

(b) To appoint a Chartered Accountant/Commissioner to take the accounts of the firm.

(c) Permanent injunction restraining the first defendant, his men, agents and servants of any person from interfering with the partnership business carried under the firm name “Murugans” and other reliefs.

3. Denying the allegations in the plaint, the defendants have filed the counter statement, admitting that a sum of Rs.95,00,000 (Rupees ninety lakhs only) has been paid and that Rs.1,05,000 remains to be paid. The present suit has been filed for the dissolution of the partnership firm as well as injunction. The plaintiff is not entitled to claim the relief in equity as the plaintiff had not come to the Court with clean hands. The plaintiff has not paid the amount as agreed by him. Since the cheques were dishonoured, the first defendant had filed criminal complaint against the plaintiff and the same is pending. The plaintiff has started a new business under the name and style of “New Murugans” and has diverted all the funds of the business to the new firm. As per the agreement, when the first defendant had already retired, there is no question of further dissolution of partnership firm. The partnership firm had already come to an end when the first defendant received part payment of Rs.30,00,000 (Rupees thirty lakhs only) on 2.3.1998. Thereafter, the first defendant has never returned to enter the premises for carrying on the business in his capacity as a partner. The plaintiff is not entitled to any of the relief sought for. Originally, father- second defendant has filed

the written statement, which was adopted by the first defendant.

4.I.A.No.399 of 2002: This application has been filed under Sec.94(e) and Sec.151,

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