2026:BHC-OS:2345 IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by TRUSHA TRUSHA TUSHAR ORDINARY ORIGINAL CIVIL JURISDICTION TUSHAR MOHITE MOHITE Date:

2026.01.28

14:51:57 +0530 INTERIM APPLICATION (L) NO.11484 OF 2025 IN SUIT NO.2332 OF 1985 Ashok Gupta .. Applicant Versus Rohini Gupta D/o.Sita Devi & Anr. .. Respondents Mr.Karan Bhosale i/b M/s.NDB Law, Advocate for the Applicant Mr.K.G.Munshi, Senior Advocate, Advocate for the Respondent /

Original Defendant Nos.2 and 3 CORAM: FIRDOSH P. POONIWALLA, J.

RESERVED ON: OCTOBER 8, 2025 PRONOUNCED ON: JANUARY 28, 2026 JUDGEMENT:-

1. This Interim Application has been filed by the Applicant /

Plaintiff seeking amendments to the Plaint.

2. The case of the Applicant in the Interim Application is as under:

a. The present Suit was originally instituted by one Shri Om Prakash Gupta and Smt. Savitri Devi, as Plaintiff Nos.1 and 2 ("Original Plaintiffs"), praying inter alia for passing of decree of declaration, rendition of accounts, partition and injunction besides making a prayer for appropriate directions to the Defendants regarding details of assets left behind by deceased Shri Kundanlal Gupta.

b. The Original Plaintiffs in the Suit passed away leaving behind their respective Wills duly executed by them during their lifetime, making a bequest of all their rights and claims of inheritance in respect of their share in the leftover Estate of late Shri Kundanlal Gupta to Shri Ashok Gupta (Applicant), who was substituted as a sole legatee / legal representative of the Original Plaintiffs in the Suit. As such, the present suit is now being prosecuted by the Applicant as the sole Plaintiff.

c. In addition to the Estate, which is the subject matter of the present Suit, the deceased Kundanlal Gupta was also a partner in a partnership firm named M/s. Kundan Talkies situated at Bahadurgarh, Haryana, engaged, inter alia, in the business of running and conducting a Cinema House. The said partnership firm was constituted vide registered Partnership Deed dated 5^th May 1970 to promote the family business. The deceased Shri K. L. Gupta, Shri Lalchand, Shri Om Parkash and Shri Raj Kumar, minor son of aforesaid Shri Om Parkash, were partners in the said partnership firm. The rights and claims of Kundanlal Gupta, arising from the said partnership business, had not been the subject matter of the present suit since Clause No.4 of the Partnership Deed dated 5^th May 1970 provides as follows:

"4. The Parties of the First and Second Parts are the partners for life only i.e. during their life-time only and after their death or retirement, their respective shares including all benefits and other assets including goodwill in the said Partnership Firm shall stand automatically distributed equally between the Parties of the Third and the Fourth Parts. In that event the partnership business shall be the exclusive property of the remaining partners and no compensation or after benefits of any kind shall be due to or claimed by the retiring partners whatsoever."

d. This Partnership Deed dated 5^th May 1970 is relevant in the present suit for just and proper adjudication of the present suit since it shows the different names used by the Late Kundanlal Gupta being (i) Shri Kundanlal Gupta s/o Harnam Singh and (ii) Shri. K.L. Gupta, as well as the parentage of all the partners of the said partnership firm.

e. During the pendency of the present Suit, a dispute had arisen between Shri Raj Kumar Gupta, the sole surviving partner of the said partnership firm and the Defendants herein, which led to the institution of a Suit on 24^th September 2010 before the Civil Court at Bahadurgarh, Distt. Jhajjar, Haryana, regarding the rights and entitlement to retain the custody of the original registered Partnership Deed. The said Suit was registered in the Civil Court, Bahadurgarh, as C.S. No.RBT-170 of 2010/ CIS No.CS-2469/2013 titled as Raj Kumar Gupta vs. Rohini D/o Sita Devi and Another (hereinafter referred to as "the Bahadurgarh