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2024 Supreme(Mad) 102

R. SUBRAMANIAN, N. SENTHILKUMAR
Ramar Coir Industries Represented by its Managing Partner, K. R. Palanisamy, Coimbatore – Appellant
Versus
Dhana Natarajan – Respondent


Advocates appeared:
For the Appellants:R. Thiagarajan, Advocate. For the Respondents:R1, P.R. Ramakrishnan for M/s. Sarvabhauman Associates, Advocates. R2, No appearance.

JUDGMENT

(Prayer: First Appeal filed under Section 96 of C.P.C., r/w. Order XLI Rule 1 of the Code of Civil Procedure, 1908, against the judgment and decree dated 29.04.2016 and made in O.S.No.719 of 2011 on the file of the V-Additional District Judge, Coimbatore.)

R. Subramanian, J.

1. This appeal was originally filed by the defendants 1 to 3 in O.S.No.719 of 2011 on the file of the V-Additional District Judge, Coimbatore, a suit for dissolution of the 1st defendant firm at the instance of one of its partners, the plaintiff.

2. Since the second appellant died pending appeal, his legal representatives were brought on record as appellants 4 to 6. The parties will be referred as per their rank in the Trial Court for the purposes of convenience.

3. The plaintiff sued for dissolution of the 1st defendant firm contending that the defendants 2 and 3, who were in-charge of the affairs of the firm had been keeping her way from the business and have been indulging in acts of mismanagement. According to the plaintiff, the 1st defendant firm was started on 23.01.1974 with the defendants 1 and 2, the plaintiff, one Nanjappan and one Palasseri Prabhakaran Nair as a partners. The capital

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