cable dispute
nagarajupatro
(Querist) 03 July 2010
This query is : Resolved
sir let me know under which law and under which provision I can approach the court for declaration or partnership or dissolution of partnership or for rendition of accounts. more particularly i want to claim damages from the respondents
A V Vishal
(Expert) 03 July 2010
under which law and under which provision I can approach the court for declaration or partnership or dissolution of partnership or for rendition of accounts.
Under the Indian Partnership Act, 1932 Section 44(d), Civil Procedure Code, 1908, Order 20 Rule 15 - Partnership at will - Court can dissolve the firm if meeting of partnership was never held after execution of the partnership deed in spite of repeated requests by plaintiff, managing partner did not show him the accounts and confidence between the partners i.e. plaintiff on the one hand and defendant on the other found lost. (P.N.Shanmugam & Anr. Vs P.D.Vadivelu & Anr.) 2006(4) Civil Court Cases 660 (A.P.)
Partnership Act, 1932, Section 44(d), Civil Procedure Code, 1908, Order 20 Rule 15 - Suit for rendition of accounts - Managing partner if stated in evidence that firm has been dissolved and fresh partnership is constituted, it amounts to dissolution by notice on the date of deposition - Court can grant relief of dissolution of firm even if plaintiff has not asked for it and order rendition of accounts prayed for. (P.N.Shanmugam & Anr. Vs P.D.Vadivelu & Anr.) 2006(4) Civil Court Cases 660 (A.P.)
pawan sharma
(Expert) 09 July 2010
U can file suit dissolution of firm in civil court u/s 44 of Indian Partnership Act,1932.
Order-20 Rule 15 CPC is pertain to Court foe passing an order or decree, it is not for filling of suit.
