THOTTATHIL B.RADHAKRISHNAN, K.SURENDRA MOHAN
Joseph – Appellant
Versus
Joshy T. Joseph – Respondent
Thottathil B. Radhakrishnan, J.—The plaintiff in a suit for directing the winding up of a partnership firm; for settlement of accounts and for direction to the defendant to render accounts, is the appellant. He sued alleging that he and the defendant are partners of a firm run with a firm name, engaged in quarrying and stone crushing business activities.
2. According to the plaintiff, that is a partnership at Will and he and the defendant have equal shares, with right to share the profit and loss of the partnership equally. The plaintiff pleaded that the unit was initially commenced by the defendant as a proprietary concern and thereafter, he was brought in on negotiations. He pleaded that the partnership business stood dissolved as on 25.2.2011, when a notice of termination was issued. Alongwith the plaint, among other things, Ex. A1, the agreement (in original) dated 16.4.2000, Ex. A2, a copy of notice dated 22.2.2011 and Ex.A3, defendant’s reply (in original) dated 15.3.2011 were produced. With these materials, the plaintiff applied for appointment of a receiver to take possession of all assets of the firm, particularly those described in plaint ‘C’ schedule, along with s
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