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MahendraKumar.H.Trivedi (Valuer)     04 June 2018

Maintainability of suit

Court frames issue in 2013. for suit instituted in the name of firm in 2005 as disputed agreement in the name of the firm. Issues are 1. Is plaintiffs 1 a firm 2. Do p1 and P2 prove they are partners of the firm 3. Is the suit barred on account of non registration ( 7/11 denied in 2005 saying same will be decided during trial) Where as P2 ( one of the two partners of the firm) died in 2008. and so on 4. Did defendant 2( my late poa) entered into agreement with P2(late in 2011) of the firm Where as plaintiffs had obtained status quo in 2006. Inadvertently and indirectly violated by me in 2008. Surviving partner P3 files ws on oath as partner of the firm in 2014 and cross examination done in 2014 with no mention of contempt. On paper possessions of suit plot was with firm. But actually it was not so. Both necessary party and signatories of disputed agreement P2 ( partner of the firm and co-defendant my late poa) no more. Six hearings gone on contempt application and plaint amendment application. My previous lawyer did not file reply. I am not summoned yet or served notice but may be soon. I am defendant and extremely anxious. I have recently changed lawyer I am hopeful he will do needful but I am very much worried Also a case will be rare case study. Regards please give your opinion.


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 4 Replies

MahendraKumar.H.Trivedi (Valuer)     04 June 2018

Please read P2 died in 2011

MahendraKumar.H.Trivedi (Valuer)     04 June 2018

Please read P2 died in 2011

MahendraKumar.H.Trivedi (Valuer)     04 June 2018

Contempt application and plaint amendment filed by surviving partner in 2015 after ws and cross examination

MahendraKumar.H.Trivedi (Valuer)     04 June 2018

Contempt application and plaint amendment filed by surviving partner in 2015 after ws and cross examination

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