- (1.) In this revision petition filed under Article 227 of the Constitution of India by defendants No.1 & 2, challenge is to order dated 10.06.2011 (Annexure P-1) passed by the trial court thereby dismissing the application (Annexure P-3) moved by defendants No.1 & 2 under Order 7 Rule 11 of the Code of Civil Procedure (in short, CPC) for rejection of plaint (Annexure P-2) instituted by respondent No.1-plaintiff against petitioners and proforma respondent No.2/defendant No.3.
(2.) Plaintiff has alleged that both the parties are carrying on business in partnership under the name and style of M/s Dalal Auto Engineering Industries. The defendants are neither paying the monthly salary of the plaintiff nor paying the interest on the amount invested by him. The defendants also did not allow the plaintiff to enter the factory premises. The defendants also threatened to alienate the plant and machinery of the partnership firm. Accordingly, the plaintiff has sought following relief: "Prayer It is, therefore, prayed that:- A decree of permanent injunction restraining the defendants from shifting any plant and machinery of the firm M/s Dalal Auto Engg. Industries, Plot No.162, Sector 25, Faridabad to any other place or to alienate any part of plant and machinery to any one, without making the payment of respective share of the plaintiff, being partner of the firm M/s Dalal Auto Engg. Industries and from alienating, selling, transferring, mortgaging any part thereof of the above said partnership firm, in any manner whatsoever, may kindly be passed in favour of the plaintiff and against the defendants alongwith costs of the suit.
(3.) It is, further prayed that the defendants may kindly be restrained from stopping the plaintiff from entering into the factory gate/working place of partnership business of parties to this suit, which is under the name and style 'M/s Dalal Auto Engg. Industries' at plot No.162, Sector 25, Faridabad in any manner whatsoever.;