Evidence By Way Of Affidavit During Trial In A Suit For Dissolution Of Partnership Firm - Legal Draft

Precedent No. 21

EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL IN A SUIT FOR DISSOLUTION OF

PARTNERSHIP FIRM

BEFORE THE HON'BLE SUBORDINATE JUDGES COURT,

In

O.S. No of 20

Applicant/Plaintiff :

Vs.

Respondents/Defendants:

AFFIDAVIT

I, , S/o , aged about years, presently

residing in , do hereby solemnly affirm and state as follows:—

1. That I say, that I am the petitioner in the Original Suit

referred to above and being well conversant with the facts and

circumstances of the case, I am fully competent to swear to this

affidavit.

1. That I say, that the aforesaid suit is filed, inter alia, for

obtaining a decree of dissolution of the partnership firm

1. That I say, that on , with a view to carry on a partnership

business, I and defendant Nos. 2 to 5 executed a partnership deed

incorporating the terms and conditions of the said partnership. The

partnership business was agreed to be carried on under the name and

style of The place of business of the partnership firm is

and its registered office is at The partnership firm

carries on the business of manufacture and sale of garments and

defendant No. 3 is the Managing partner and the other defendants are its

partners.

1. That I say, that the defendant No. 1 is a partnership firm duly

registeredunder the Indian Partnership Act, 1932. The initial capital of

the said firmis Rs.... The aforesaid initial capital was equally

contributed by me and

defendant Nos. 2 to 5 at the rate of Rs each. Further, I and the

defendant partners agreed to arrange additional capital as per the

requirement and for the benefit of the firm from time to time.

1. That I say, that the objects of the partnership firm are as

under:—

(i) To carry on the business of manufacture and sale of garments.

(ii) To carry on any other business as may be mutually agreed upon

byall the partners from time to time.

1. That I say, that as per clause 4 of the Partnership deed, proper

books ofaccounts shall be maintained in respect of all transactions of

the firm andall the partners shall always have access to such accounts

and recordsof the firm. Further, as per the same clause, profit and loss

(includingcapital gains and losses) of the partnership business shall be

shared bythe partners equally. Defendant No. 3, as the Managing Partner

of thepartnership firm, is authorised to look after the day-to-day

management,supervision and general control of the affairs of the firm.

By virtue ofclause 6 of the partnership deed, the Managing Partner shall

have thepower and authority to operate the bank accounts opened in the

name of the firm. As per clause 7 of the said deed, the Managing Partner

shall have the power and authority to borrow funds or secure guarantee

from any bank or banks or other persons or to incur liability in any

other firm as per the requirements and for the benefit of the firm.

1. That I say, that the 1st defendant manufactured pieces of

garments. On , the 3rd defendant received an amount of

Rs from me for the manufacture of the said lot of garments. The

said amount was invested by me as an additional capital for the business

and benefit of the firm. The said lot of garments was sold by the 3rd

defendant for an amount of Rs However, the aforesaid amount

was not accounted for in the accounts of the firm, in clear violation of

his duty to keep an account for the same. Consequently, other partners

and I started enquiring about the said amount and the details of the way

the said amount had been utilised. All these enquiries fell on deaf ears

and despite repeated requests by the other partners and me, the 3rd

defendant continued to follow his own whims and fancies and

perfunctorily assured the other defendants and me that the said amount

would not only be accounted for but a meeting of the partners regarding

the same would be convened at the earliest. The aforesaid amount has not

been accounted for till date and no such meeting was ever convened by

the 3rd defendant.

1. That I say, that the 3rd defendant has misappropriated the said

amount of

Rs belonging to the firm and has cheated and defrauded the

firm and its partners. Also, the amount of Rs received as an

additional capital from me has been misappropriated by the 3rd

defendant, thereby causing wrongful loss not only to me but also to all

the partners and the firm and wrongful gain to himself.

1. That I say, that by conducting himself in the abovementioned manner,

the3rd defendant is willfully and incessantly committing breach of the

termsand conditions relating to the management of the firm as contained

in thepartnership deed.

1. That I say, that the conduct of the 3rd defendant is absolutely

destructive of mutual confidence, which is supposed to be the very

foundation of any partnership, and the partnership cannot be continued

in this fashion.

1. That I say, that I have neither been paid my due share in the

income from the business of the firm nor the amount availed of from me

as loan. As a

consequence of this, I was forced to issue a legal notice dated to

the defendants, calling upon the 3rd defendant to carry on the rendition

of accounts of the firm and also to convene a meeting of the partners

within 15 days of the receipt of notice. However, the 3rd defendant did

not accept the said notice, which returned unserved. The other

defendants

and I issued another legal notice to the 3rd defendant on , calling

upon him to cause the rendition of accounts within 15 days from the

receipt of the notice. To this notice, the 3rd defendant gave a reply

putting forth false, fictitious, frivolous and untenable contentions. It

may be mentioned here that the 3rd defendant has not caused the

rendition of accounts till date, nor has any meeting of partners been

convened.

1. That I say, that the documents produced by me, alongwith the

plaint and which are also detailed in the list of documents, will go a

long way in establishing my case and enabling me to get a decree in

terms of the plaint against the defendants jointly and severally.

1. That it is, therefore, just and necessary that this Hon'ble

Court may be pleased to receive the documents mentioned above on file

and in evidence and mark it as Ex. P.1 to Ex. P.12, and accepting the

contentions taken in the plaint and also sworn in this affidavit, pass a

decree in my favour and against the defendants jointly and severally.

Sd./ Deponent.

Verification

Verified at on this the day of , 20 , that the

contents of the above affidavit are true and correct to the best of my

knowledge, belief and information and nothing material has been

concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law. Preferably prayer be avoided and only facts be stated.