CR-4265-2022

[1]

118

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR-4265-2022

Date of Decision: December 19, 2022

Jyoti Kapoor and another

........ Petitioners

Versus

Rakesh Chander

......... Respondent

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:- Mr. Amit Jhanji, Sr. Advocate with

Ms. Zaheen Kaur, Advocate for the petitioners.

Mr.Sunil Chadha, Sr. Advocate with

Ms. Kashish Aggarwal, Advocate for the respondent.

****

HARKESH MANUJA,J. (ORAL)

By way of present revision petition, challenge has been

made to an order dated 07.09.2022 (P-10) passed by the Court of Civil

Judge (Junior Division), Jalandhar; whereby an application filed at the

instance of petitioners/ plaintiffs (hereinafter referred to as ‘the

petitioners’), for directing the Local Commissioner to visit the premises

of respondent in compliance of the previous order dated 01.10.2021

and directing the respondent/ defendant (hereinafter referred to as ‘the

respondent’) to comply with the said by assisting the Local

Commissioner, has been declined.

Brief facts of the case are that the petitioners filed a suit for

declaration claiming inheritance over 50% share of partnership firm

known as ‘M/s Romesh Kumar and Bros.’ along with prayer for seeking

rendition of accounts and recovery besides, praying for permanent

SANJAY GUPTA

2022.12.21 15:02

I attest to the accuracy and

authenticity of this document

CR-4265-2022

[2]

injunction restraining the respondent from alienating the assets of the

partnership firm. It was pleaded in the plaint that ‘M/s Romesh Kumar

and Bros.’ happened to be a partnership firm consisting of two brothers,

namely, Ramesh Kumar and Rakesh Kumar of which Ramesh Kumar

was father of the petitioners, who unfortunately expired on 17.11.2020.

It was also pleaded that on account of unfortunate demise of Ramesh

Kumar, the partnership firm came to an end, thereby creating a cause

of action in favour of petitioners for the purpose of filing the present suit.

Along with the suit, the petitioners filed an application with a

prayer for appointment of Local Commissioner for examination/

valuation of stocks of partnership firm ‘M/s Romesh Kumar and Bros.’

and to know account entries as on the date of death of Ramesh Kumar

as well as on the date of inspection, besides even for the purpose of

receiving the copies of accounts after 01.04.2020 from the respondent.

The aforesaid prayer made at the instance of petitioners was allowed by

the trial Court vide order dated 01.10.2021. The operative part of the

aforesaid order dated 01.10.2021 is reproduced hereunder:-

“In the present suit one of the relief which the

plaintiffs have claimed is rendition of the accounts of the

above said firm, however, the decision of the present

suit will be only possible after taking evidence from both

the sides but it is very much important that the stocks/

assets of the partnership firm namely M/s Romesh

Kumar & Bros. be known at the very on set of this suit

so that they cannot be squandered away by any of the

partners. In such a case, it is just in this case to appoint

Local Commissioner in order to make inventory of all

the stocks of the partnership firm namely M/s Romesh

Kumar & Bros. Accordingly, Sh.Deepak Moudgil,

SANJAY GUPTA

2022.12.21 15:02

I attest to the accuracy and

authenticity of this document

CR-4265-2022

[3]

Advocate is hereby appointed as Local Commissioner in

the present case to visit the premises of M/s Romesh

Kumar & Bros. And to inspect all the stocks/ assets and

account books of the above said firm and brothers on

the date of inspection and also on the date of death of

Sh.Ramesh Kumar. The Local Commissioner is also

directed to take copy of accounts after 01.04.2020 till

the date of inspection and make invento