Mrinal Mahanta v. Tulsi Das Mahanta And ORS.

19.11.2025 Ct. No. 30 SL No.37 MKP CO 3378 of 2022 Mrinal Mahanta Vs.

Tulsi Das Mahanta And Ors.

Mr. Sounak Bhattacharya Mr. Sounak Mandal Ms. Bipasha Bhattacharyya ............for the Petitioner Ms. Malyasree Maity Mr. Farheen Hossain Mr. Nishant Kumar ....................for the O.P.No.1

1. The revisional application has been preferred challenging an order dated No.44 dated 16.09.2022 passed by Learned Civil Judge (Junior Division) Bishnupur, District:

Bankura in Title Suit No.48 of 2015 (CIS No.50 of 2015).

2. Vide the order under challenge the Learned Trial Court by passing a well reasoned order has been pleased to reject the defendant/petitioner application under Order 7 Rule 11 (d) of the C.P.C.

3. On hearing the parties, it appears that the plaintiff/opposite party herein, has filed the suit before the Trial Court praying for a decree of dissolution of partnership firm and on a decree of the dissolution of the partnership, the accounts and the resultant dues in favour of the plaintiff has been prayed for.

4. It appears that the said facts has to be considered by the Trial Court on adducing evidence in accordance with law.

5. The Trial Court's finding on the issue raised by the defendant/petitioner herein, that the suit is not maintainable under Section 69 of the Partnership Act, is also found to be in accordance with law. On perusal of the order under challenge, this Court finds no irregularity in the impugned order and as such the order under challenge does not call for any interference.

6. The revisional application thus having no merit, stands dismissed.

7. It is on merit of this case and as such points to remain open for adjudication by the Trial Court in accordance with law.

8. The Civil Revision stands dismissed.

9. Applications, if any, connected thereto stand dismissed of consequently.

10. Interim order, if any, stands vacated.

11. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]