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Ramjiwan Mal and anr. Vs. Chand Mal and ors. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All227
AppellantRamjiwan Mal and anr.
RespondentChand Mal and ors.
Excerpt:
suit for dissolution of partnership - winding-up--jurisdiction--act ix of 1872 (contract act), section 265--civil procedure code, sections 11, 213, 215, schedule iv, form 113. - - considering the terms of section 215 with section 213, and as well the language of no......to give effect to the partnership agreement. this is a relief which can be sought in the ordinary civil courts. section 265 of the contract act is intended to meet a different state of things. the winding-up of a partner' ship is the taking by the court into its own hands the settlement of the partnership concerns. it is a jurisdiction which is created by statute. if this was an application under section 265 of the contract act, i am inclined to think that the district court only could entertain it.oldfield and brodhurst, jj.,2. were of opinion that the suit, being one for dissolution of partnership, was cognizable in the ordinary civil courts.mahmood, j.3. judging by the allegations in the plaint and the nature of the reliefs prayed for, i am of opinion that this suit is congnizable in.....
Judgment:

W. Comer Petheram, C.J.

1. This suit is for dissolution of a partership. This is in effect asking the Court to give effect to the partnership agreement. This is a relief which can be sought in the ordinary Civil Courts. Section 265 of the Contract Act is intended to meet a different state of things. The winding-up of a partner' ship is the taking by the Court into its own hands the settlement of the partnership concerns. It is a jurisdiction which is created by statute. If this was an application under Section 265 of the Contract Act, I am inclined to think that the District Court only could entertain it.

Oldfield and Brodhurst, JJ.,

2. Were of opinion that the suit, being one for dissolution of partnership, was cognizable in the ordinary Civil Courts.

Mahmood, J.

3. Judging by the allegations in the plaint and the nature of the reliefs prayed for, I am of opinion that this suit is congnizable in the ordinary Civil Courts. It is a suit of a civil nature, within the meaning of Section 11 of the Civil Procedure Code, which provides the general jurisdiction of the Civil Courts subject to the provisions therein contained. There is no provision in the Code to bar the cognizance of such a suit; but, on the contrary, Section 215 contemplates such a suit. Nor am I aware of any enactment which bars the cognizance of such suits by the ordinary Civil Courts. Considering the terms of Section 215 with Section 213, and as well the language of No. 113, Schedule iv, taken with Section 644 of the Code, it may be that in such a suit as this the Court will be called upon to take cognizance of matters which might have formed the subject of an application under Section 265 of the Contract Act. But we need not go beyond the general character of the suit to see if it is cognizable by the ordinary Courts; but I wish to guard myself against being understood to lay down the rule that, even if the suit was one involving matters of the character mentioned in Section 265 of the Contract Act, the ordinary Civil Courts would be precluded from entertaining it.

Duthoit, J.

4. I am of opinion that a suit for dissolution of partnership is cognizable in the ordinary Civil Courts.


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