- (1.) This is a suit for : (a) A decree of declaration that the partnership under the name and style of Messrs. Wooma Churn Dey stood dissolved with effect from 17th January, 1992; (b) Alternatively, a decree directing dissolution of the said firm on and from such date as to this Hon'ble Court deem fit and proper; (c) Rendition of accounts ; (d) Payment of the respective shares of the plaintiffs in the profits, goodwill and assets of the said partnership after liquidation of the just debts and liabilities of the partnership business; (e) Attachment; (f) Receiver; (g) Injunction; (h) Costs; (i) Further and other reliefs.
(2.) It appears from the description in the plaint that the said partnership is a registered family partnership in between the plaintiffs being step brothers and defendant beingcousin i.e. uncle's son of the plaintiffs. The aforesaid suit was registered and filed on 20th January, 1992.
(3.) On the self-same day, i.e. 20th January, 1992 the defendant herein as a plaintiff instituted a suit in the City Civil Court at Calcutta as against the plaintiffs herein by making defendants therein praying inter alia (a) a Decree for Declaration declaring that the Plaintiff has right, title and interest to carry on business under the name and .style of "Wooma Churn Dey" as is being carried on at present; (b) a Decree for Declaration declaring that the Defendants have no right, title and interest to stop the smooth running of the business as is being carried on; (c) a Decree for Declaration declaring that the Plaintiff has every right, title and interest to carry on business and to make operation of the Bank's account and to make payments to the persons concerned with supply, works and to recover payments for sales thereof; (d) a Decree for Permanent Injunction restraining the Defendants from creating any trouble to the smooth running of the business in any form of stopping Bank operation payments to Sales-tax, Income-tax, salaries whatsoever and/or from creating any trouble to its running in any manner whatsoever; (e) Such other relief or reliefs as the plaintiff may be found entitled to; (f) Costs and Advocate's fees ;;