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1982 Supreme(Ori) 158

P.K.MOHANTY
LINGARAJ PAIKARAY – Appellant
Versus
RAGHUNATH CHHOTRAY – Respondent


Advocates Appeared:
B.P.Tripathi, B.SAHU, P.K.Misra, S.K.DEY

P. K. MOHANTI, J.

( 1 ) THE short question that requires determination in this Civil Revision is whether the decree under execution is declaratory or executory.

( 2 ) THE petitioners and the pro forma opposite parties Nos. 2 to 4 as plaintiffs brought original suit No. 605 of 1964 in the High Court of Calcutta for declaration that the defendant Raghunath Chhotray (O. P. No. 1 here) had ceased to be a partner of the partnership business of Tapang Light Foundry and Co. with effect from 4-4-1964; that the plaintiffs along with one Satish Ch. Bhattacharjee were the only partners of the said firm with effect from that date; that the resolution dated 4-4-1964 was validly passed; that the defendant Raghunath Chhotray had no other right against the plaintiffs or the partnership firm or its assets except to receive the amount standing in his name in the books of the firm and the value of his share in the good will assessed at Rs. 5,000/- and also for a permanent injunction restraining the said defendant from asserting any right against the plaintiffs or the partnership firm other than to receive the amount standing in his name in the books of the firm and the value of his share in the goo













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