- (1.) The defendant has taken out this application on 29th July, 1998 for the purpose of revocation of the leave under Clause 12 of the Letters Patent and plaint be taken off the file or the suit be dismissed with other consequential reliefs supported by an affidavit dated 14th July, 1998.
(2.) The petitioner made two fold attack for the above i.e. a) Suit is basically a suit for land; b) Forum convenience or natural forum for the relief is the appropriate Court in the State of Bihar; .
(3.) It appears that the suit was instituted by the plaintiff as far back as on 13th November 1997 praying alia;Leave Order 11 Rule 2 of the Code of Civil Procedure, 1908 and for the leave under Clause 12 of the Letters Patent, 1785 for instituting the instant suit and prays for the following reliefs :- a) A declaration that the partnership created under the Deed of Partnership dated September 15, 1982 known as M/s. Sujata Picture Palace stood dissolved as on November 10, 1997; b) Alternatively that the said partnership be dissolved by a decree of this Hon'ble Court; c) Injunction; d) Receiver; e) Accounts; f) Attachment; g) Costs; h) Such further or other order and/or orders or direction or directions be passed as this Hon'ble Court may deem fit and proper. .;