S.K. Mishra, J.— The petitioner in this case assails the order dated 16.8.2013 passed in Civil Suit No. 364 of 2010 of the Court of Additional Civil Judge (Senior Division), Puri dismissing his application under Order 1, Rule 10 of the Code of Civil Procedure, 1908, hereinafter referred to as the Code for brevity.

2. Facts of the case leading to filing of this writ petition may be summarized as follows:

On 2.4.1979, a partnership firm in the name and style “M/s Hotel Paradise, Puri” was constituted having Udayanath Pani, Suhasini Pani, Samuel Pani and Bijay Kumar Pani as partners. Udayanath and Suhasini are husband and wife. Samuel Pant and Bijaya Kumar Pani are their sons. On 31.7.1959, the partnership of M/s. Hotel Paradise was registered with Registrar of Firms and was given Regn. No. 306 of 1979. On 14.9.1994 Udayanath Pani died. The surviving three partners reconstituted the partnership firm. On 21.5.2007 Samuel Pant died. It is alleged that the partnership was reconstituted after the death of Samuel Pani as Binita Pani, wife of Samuel Pani, declined to be a partner. It is therefore assented by the plaintiff that the partnership was reconstituted with the two partners