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2021 Supreme(Mad) 2762

KRISHNAN RAMASAMY
R. P. Sarathy (died) – Appellant
Versus
Narasu's Coffee Company by P. Sivanantham – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.T.R.Rajagopalan Senior Counsel for M/s P.Veena Suresh
For the Respondent: Mr.C.Jagadish, Mr.AR.L.Sundaresan Senior Counsel for Mr.I.Arokiyasamy

ORDER :

Challenging the fair and decreetal order dated 16.06.2016 made in I.A.No.141 of 2014, filed to amend the plaint in O.S.No.50 of 2012, on the file of II Additional District Court, Salem, the defendant has filed the above Civil Revision Petition and the plaintiff is the respondent in I.A.No.141 of 2014.

2. The suit was filed by the plaintiff for partition and for permanent injunction. Suit was filed under the name and style of “Narasu's Coffee Company' represented by P.Sivanantham against the revisions petitioners herein. Originally, the plaintiff was registered under the provisions of Partnership Act. The partners of the said firm were (1) R.P.Sarathy, (2) B.Latha (3) B.Jayashree (4) P.Sivanantham and (5) Mahalakshmiammal Trust. Subsequently, the said Firm was reconstituted by inducting the wife of P.Sivanantham. Under these circumstances, all the partners have entered into a Memorandum of Understanding on 10.08.2006, whereby, the partners viz., R.P.Sarathy, B.Latha, B.Jayashree and Mahalakshmiammal Trust agreed to retire and P.Sivanantham would continue as a partner after inducting his wife Mrs.Lalitha as one of the partners.

3. As per Memorandum of Understanding, Mr.P.Sivanan

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