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1956 Supreme(P&H) 74

BISHAN NARAIN
Lajpat Rai – Appellant
Versus
Tej Bhan – Respondent


Judgment

Bishan Narain, J.

1. This revision petition under Section 115, Civil P. C., has been filed fay the defendants in a suit which is pending in the Court of Sub Judge, 1st Class, Delhi. The plaintiff and the five defendants entered into a partnership on certain terras on 17-10-1950. The business of partnership was to be that of builders and contractors.

The partnership took three contracts for execution from the Government before 31-8-1952 On this date, namely, 31-8-1952 the plaintiff Tej Bhan executed an agreement retiring from the partnership and according to this document he went through the accounts and received about Rs. 700/- in final settlement of the same.

The plaintiff filed the present suit on 28-1-1954 seeking a declaration that the document of 31-8-1952 is void as brought about by the defendants by undue influence, pressure and coercion and sought its cancellation; He also sought relief of declaration that the credit and debit items and payment of Rs. 783/9/- mentioned in the document were neither owned nor received by him as no accounts had been gone into between the parties on that day. This suit is contested by the defendants. On 25-11-1954 the trial Court framed




































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