ATMARAM SONTHALIA Vs. GITA DEVI LOHIA
LAWS(CAL)-2005-3-93
HIGH COURT OF CALCUTTA
Decided on March 21,2005

Atmaram Sonthalia Appellant
VERSUS
Gita Devi Lohia Respondents

JUDGEMENT

Narayan Chandra Sil, J. - (1.) This is a suit for declaration that the partnership between the plaintiffs and defendants constituted by the deed of partnership dated September 8, 1962 stood dissolved on and from 5th March, 1973 along with other reliefs. In the said suit several issues were framed and out of those issues Nos. 1, 2 and 4 are taken up for consideration as preliminary issues. The following issues read as under:- 1. Is the suit maintainable in its present form ? 2. Is the instant suit a suit for land ? 3............... 4. Has this Court any jurisdiction to try this suit ?"
(2.) It is already mentioned that this is a suit for declaration of the dissolution of partnership between the parties, for accounts and enquiries to be made and for a declaration that the defendant No. 2 is a trespasser in the said factory premises at P-84, Benasras Road, Howrah along with other connected reliefs.
(3.) The suit is contested by the defendant Nos. 2 and 3 by filing written statements. Both the defendants have raised the question of the jurisdiction of this Court in their written statements and thus issue Nos. 1, 2 and 4 have been taken up for consideration.;


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