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1990 Supreme(P&H) 181

A.L.BAHRI
Niranjan Lal – Appellant
Versus
Ruchi Ram – Respondent


Judgment

, J.

1. Niranjan Lal plaintiff has approached this Court in this revision petition challenging the orders of the Courts below whereby he was restrained from doing business of selling shoes and Chappals on the frontage of the shop wherein partnership business in the name of Basant Shoe Stores was being run It is not necessary to give facts in detail. Suffice it to sav that a dispute having arisen between Niranjan Lal and Ruchi Ram, preliminary decree for dissolution of partnership was passed and after application was moved for passing final decree, Niranjan Lal plaintiff started using frontage of the shop for selling shoes and chappals. On an application filed by Ruchi Ram purporting to be under Sec.151, C. P. C. , Niranjan Lal plaintiff was restrained from selling shoes and chappals by using frontage of partnership, The appeal filed by Niranjan Lal, plaintiff failed, hence this revision petition

2. Section 53 of the Partnership Act reads as under : "53 Right to restrain from use of firm name or firm property : After a firm is dissolved, every partner or his representative may in the absence of a contract between the partners to the contrary, restrain any other partner or hi

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