R.S.A.No. 529 of 2011 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 529 of 2011 (O&M) Date of decision: 31.1.2011 Balbir Singh ......Appellant Versus Prem Kauldhar and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.H.S.Baath, Advocate, for the appellant. **** SABINA, J. Plaintiff filed a suit for dissolution of firm and rendition of accounts. The case of the plaintiff, in brief, was that the plaintiff alongwith defendants was partner of the firm doing the business of brick-kiln in village Mahalpur. The partnership was in the name and style of M/s Hardev Lal Prem Kauldhar. The total capital of the partnership was ` 2,25,000/- and plaintiff had contributed ` 1,25,000/- out of the said amount. Thus, the plaintiff was share- R.S.A.No. 529 of 2011 (O&M) 2 holder to the extent of 50% of the total capital. Defendant No.2 later withdrew from the partnership vide writing dated 27.5.1991. It was an oral partnership. It was mutually agreed between the partners that the regular books of accounts will be maintained. Defendant No.1 was required to render accounts of other partners. A bank account was also opened in the name of the firm. It was being jointly operated by the plaintiff and defendant No.1. Defendant No.1 had now made it impossible for other partners to carry out partnership business and hence, the suit was filed for dissolution of firm and rendition of accounts. Defendant No.1 in his written statement averred that the plaintiff had got on lease the share of defendant No.1. and the same was terminated on 10.5.1992. Plaintiff was not a partner in the firm. Plaintiff had no share in the partnership capital. Defendant No.2, in his written statement, averred that the plaintiff and defendant No.2 had got on lease the share of defendant No.1 in equal shares and were to share the profits and loss falling to the share of defendant No.1. Defendant No.2 had never become partner of the firm. On the pleadings of the parties, following issues were framed by the trial Court:- “1. Whether the plaintiff is partner in firm M/s Hardev Lal Prem Kauldhar? OPP. 2. Whether the plaintiff is entitled to the rendition of R.S.A.No. 529 of 2011 (O&M) 3 accounts as pleaded ? OPD 3. Whether the plaintiff has no locus standi to file the present suit ? OPD 4.Whether the present suit is not maintainable ? OPD 5. Relief.” The trial Court dismissed the suit of the plaintiff vide judgment and decree dated 15.11.2002. Aggrieved by the same, plaintiff preferred an appeal and the same was also dismissed vide judgment and decree dated 14.8.2010 passed by District Judge, Shaheed Bhagat Singh Nagar. Hence, the present appeal by the plaintiff. After hearing learned counsel for the plaintiff, I am of the opinion that the present appeal is devoid of any merit and deserves dismissal. The case of the plaintiff was that he was a partner in the firm M/s Hardev Lal Prem Kauldhar. Plaintiff had contributed ` 1,25,000/- towards the firm. Reliance was placed by the plaintiff on agreement Ex.P-1 to substantiate his case but both the Courts below, after appreciating the evidence led by the parties on record, have given a finding of fact that Ex.P-1 was not a partnership deed. As per Ex.P-1, parties had agreed to start a business but the deed was to be executed later on. Initially firm M/s Hardev lal Prem Kauldhar was started in the year 1988 with its partners Hardev Lal and Prem Kauldhar. The said partnership was, however, never R.S.A.No. 529 of 2011 (O&M) 4 dissolved. Plaintiff had also failed to establish that he had invested ` 1,25,000/- in the business of the firm. Since the plaintiff had failed to establish the fact that he was partner of the present firm M/s Hardev Lal Prem Kauldhar or his contribution in the said firm, the suit of the plaintiff was liable to be dismissed on this account. Both the Courts below had, thus, rightly dismissed the suit of the plaintiff. No substantial question of law arises in this regular second appeal, which would warrant interference by this Court. Accordingly, the same is dismissed. (SABINA) JUDGE January 31, 2011 anita