Prakash Gupta, J. - (1.) THIS civil revision petition is preferred against the Order dated 06/05/2014 passed by the Additional District Judge, Tonk (hereinafter referred to as 'the trial Court'), whereby, he dismissed the application filed by the petitioner -defendant No. 1.
(2.) BRIEF facts giving rise to this revision petition are that the plaintiff -respondents No. 1 filed a suit for rendition of accounts and permanent injunction against the petitioner and respondents No. 2 to 5. It is pleaded by the plaintiff -respondent that a partnership firm, B.R. Industries, was established on 17/10/1987. In the said firm, husband of the plaintiff -respondent No. 1, was one of the partners.
(3.) THE said firm was reconstituted on 01/04/2003 and further reconstituted on 14/02/2007. As per the reconstituted partners dated 14/02/2007 partners and their share was mentioned in the plaint and the share of the plaintiff -respondent No. 1 was mentioned as 25%. The said partnership deed was signed by all the partners though one of the partners Babu Lal, died later on 23/09/2007. As per the partnership deed dated 14/02/2007, plaintiff -respondent No. 1 is one of the partner but the defendants started to create hindrance in her participation; moreso they did not pay the profits to plaintiff -respondent No. 1 and the statement of accounts. Since the partnership dated 14/02/2007 was at will, plaintiff -respondent No. 1 was served a notice dated 20/03/2008 with regard to dissolution of firm w.e.f. 31/03/2008 and called upon to settle the accounts. However, the defendants were given a reply to the said notice, alleging that the firm was reconstituted on 24/09/2007 and the plaintiff -respondent No. 1 is no more a partner for the adopted son of Mr. Ramesh Chand Goyal, in whose favour even will was executed by Ramesh Chand Goyal is already a partner. However, the plaintiff -respondent No. 1 alleged that the will is forged. The plaintiff sought a declaration that reconstitution of the firm dated 24/09/2007 is void. She claimed to be a partner irrespective of the said deed dated 24/09/2007.;