KHARAK SINGH BURGALI AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-4-78
HIGH COURT OF UTTARAKHAND
Decided on April 03,2012

Kharak Singh Burgali And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) RESPONDENT No. 2 filed a First Information Report, where it was contended that the applicants have made her to believe that the applicants are entitled to dissolve the partnership firm and, accordingly, are entitled to enter into a deed of dissolution and to have the same registered, whereas, in fact, the applicants were not so entitled for they had another partner, who had not joined the said deed of dissolution. In the application, applicants contend that all facts including the fact that the third partner was not responding to the invitation of the applicants to dissolve the partnership, which was a partnership at will, were brought to the notice of respondent No. 2. It is being contended that respondent No. 2 was made aware that applicants have published an advertisement inviting objections relating to dissolution of the partnership. It is the contention of the applicants that there was no suppression by the applicants of any material fact from respondent No. 2, and that, all necessary facts were brought to the knowledge of respondent No. 2. The applicants are seeking to rely upon evidence to establish such contention. However, such evidence can not be accepted in a proceeding initiated under Section 482 of the Code, nor the Court, exercising jurisdiction under Section 482 of the Code, is entitled to appreciate evidence, weigh the same or to shift the same. The applicants would be required to convince the Court, which has framed the charge, that there is no evidence to hold them guilty and for that matter, if necessary, to lead such evidence as the applicants may deem fit and proper. In the circumstances, there is no scope of interference. The application is dismissed. It is hoped and expected that the court below will expedite the trial of the case.;


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