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1995 Supreme(All) 1139

S.R.SINGH
Subhash Chandra Agrawal – Appellant
Versus
D J Mathura – Respondent


Advocates appeared:
Neeraj Tripathi, S.C.Janardan Sahai,

JUDGMENT

1. S. R. Singh, J. Defendants to Suit No. 385 of 1991 have challenged the appointment of Receiver made on an application moved on behalf of the plaintiff-Respondent Anguri Devi under Order XL, Rule 1, C. P. C. The suit was instituted essentially for the relief of accounting and winding up of "m/s. Goyal Brothers" which according to the plaintiff was a partnership firm. The partnership, according to her, was at Will. The relief was founded on the plaint allegations that the plaintiff was the owner of a shop situate at Holi Gate, Mohalla Tilakdwar in the town of Mathura; that she agreed to launching business in the said shop in partnership with the defendants on terms" and conditions encapsulated in the partnership deed dated 1.2.1973 executed with the consent of all the partners and that no rent would be payable to the plaintiff for the shop but she would get 10% of the net profit accruing from the business without sharing the losses incurred therein. It was further alleged in the plaint that the defendants who according to the agreement were actually managing and carrying on the business failed to furnish proper accounts thereof whereupon the partnership was terminated vid












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