Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. VII, R. 11 & S. 11----Specific Relief Act (I of 1877), Ss. 42, 39, 54 & 55---Partnership Act (IX of 1932), S. 40---Contract Act (IX of 1872), S. 202---Constitutional petition---Res judicata---Applicability---Rejection of plaint---Cause of action---Determination---Dissolution of partnership on death of partner---General power-of-authority in favour of partner---Revocability--Plaintiff filed suit for declaration, dissolution of partnership, cancellation of sale deeds, injunction, partition of property and restoration of property, against defendant claiming that a partnership agreement was entered between parties, and defendant being managing partner of firm, purchased suit property in name of the firm and revenue entries were made accordingly, but he subsequently by executing illegal sale deeds in his personal capacity disposed off the same without permission of the firm---Defendant sought rejection of plaint of suit under O. VII, R. 11, C.P.C., contending that partnership had already been dissolved and plaintiffs had no title in suit property---Both Trial Court and revisional court dismissed defendant's application for rejection of plaint---Contentions raised by defendant were that plaintiff had filed the suit on basis of general power of attorney which had lost its authenticity after death of its executants/other partners; that plaintiff did not file any fresh power of attorney, and that plaint disclosed no cause of action as previous suits filed by plaintiffs were dismissed---Plaintiff took the plea that he had filed suit as attorney of other co-sharers/plaintiffs, and his power of attorney was coupled with interest which was protected under S. 202 of Contract Act, 1872, and that previous suit were not decided on merits and reliefs sought in earlier suits and the present suit were different---Validity---Plaintiff had alleged in the plaint that defendant had committed fraud in collusion with revenue authorities and prepared stamp paper regarding dissolution of partnership deed---As per available evidence, stamp vendor who had issued said stamp paper was not registered---Plaintiff's claim of joint ownership over…

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