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2013 Supreme(All) 578

SUDHIR AGARWAL
Kewal Krishna Khosla (D) By L. Rs. – Appellant
Versus
Additional District Judge Xivth, Lucknow and Others – Respondent


Advocates:
Counsel for the Petitioner: N. K. Seth , Vjay Krishna.
Counsel for the Respondents: C.S.C., K. B. Sinha, Km. Vishawa Mohani, Mohd. Arif Khan, R. U. Verma. V. P. Nag , Vtmal Kumar.

Sudhir Agarwal, J.—

1. This writ petition under Article 226 of the Constitution of India has arisen from the order dated 11.04.1996 passed by Civil Judge (Junior Division) North, Lucknow rejecting petitioner's objection under Section 47 C.P.C. in Execution Case No. 22 of 1993 and the order dated 18.11.1997 passed by XIVth Additional District Judge, Lucknow dismissing petitioner's Civil Revision No. 52 of 1996 and confirming Executing Court's order dated 11.04.1996.

2. The facts, in brief, giving rise to the present dispute may be narrated as under.

3. A partnership came in existence on 21.05.1965 between Kewal Krishna Khosla, petitioner (now deceased and substituted by his heirs and legal representatives) and Som Nath (now deceased and substituted by his heirs and legal representatives) to carry on business of medicines and allied goods in the name and title of "M/s Chemical Traders". The business was to run in a shop forming part of building situate at Tulsidas Marg Chowk, Lucknow, owned by Som Nath. He (Som Nath) instituted Suit No. 134 of 1978 seeking following reliefs:

"1. A decree be passed in favour of the plaintiff against the defendant for rendition of Accounts since 1965 till














































































































































































































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