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Devrishi Vijan (--)     08 November 2010

Exhibit in Appeal

A takes a land from BMC on open land tenancy in 1948. He goes into a Partnership with his brothers and sister. On death of sister, a new partnership is constituted. In both Partnership Deeds, it is mentioned that on dissolution, all Partnership premises would remain to be A's property and not the assets of the partnership.. The abovementioned land is the one of such premises. On dissolution in 1975, he gives brother B the business at this premises and all its assets and liabilities. Nothing about the premise is mentioned in the Dissolution Deed. B continues to do business till 1995 and then includes his wife W as a partner. Nothing is mentioned about the tenancy except that the outlet was given by A to B. B expires in the end of 1995. Then sons of B & W, C & M continue with W as partners. In their Partnership Deed, they mention that they share the tenancy rights of the land. In 2006, a dispute arises and consequently, the partnership dissolves in 2009. Now the dispute arises where C says that the Tenancy Right cannot be evaluated as they do not possess the Tenancy Rights. W and M take a stand that it is a Partnership property because the firm was paying its rent from the beginning.

A and B are dead.

The rent bills are issued in the name of A.

There is no other claim to this Tenancy other than that of this firm.

There was no attempt to transfer the land from A to B/C/W/M/Firm.

M & W filed a petition for court receiver as C still continued the business even on dissolution.

Court observed the tenancy right sharing clause in the partnership deed and said that the tenancy right is a partnership property and appointed court receiver.

These rent bills and receipts have been shown to the court.

Q. The Partnership Deeds to the firm dtd. 1948 and 1971 and dissolution deed of this firm were not present with the defendant but are now. How to exhibit them if nothing was mentioned about these documents in the lower court?


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 November 2010

You can produce these documents by giving reaonable grounds to condone the dealy in producing the doucments.  You can get exhibited

Devrishi Vijan (--)     09 November 2010

Sir, Thank you for your reply.

I would like to reconfirm your solution.

This evidence was not presented before the Single Bench and nothing was mentioned about this document before him.

Does the solution remain the same, because my professor taught us that the court will not accept this document
in an appeal.

Ajay kumar singh (Advocate)     10 November 2010

Please see the provisions laid down in Order 41 rule 27 of the C.P.C. which deal with the conditions under which the appellate court can eccept the evidence and your documents may be marked as exhibits.

Devrishi Vijan (--)     10 November 2010

I all of you for helping me.

Devrishi Vijan (--)     10 November 2010

Originally posted by :Devrishi Vijan
" I thank all of you for helping me. "

vinod shinde (lawyer)     15 November 2010

good suggestion

aruntrivedi (lawyer)     19 November 2010


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