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The Code of Civil Procedure, 1908: page 253

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 253, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                                        No. 49
                                                                     PARTNERSHIP
                                                                          (Title)
A.B., the above-named plaintiff, states as follows:—
    1. He and C.D., the defendant, have been for......................years [or months] past carrying on business
together under articles of partnership in writing [or under a deed, or under a verbal agreement].
     2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby
it has become impossible to carry on the business in partnership with advantage to the partners, [or the defendant
has committed the following breaches of the partnership articles:—

            (1)
            (2)
            (3)                                             .]

[As in paras. 4 and 5 of Form No. 1.]
     5. The plaintiff claims—
            (1) dissolution of the partnership;
            (2) that accounts be taken;
            (3) that a receiver be appointed.
                                                                                                  e
                                                                                          od
      (N.B.—In suits for the winding-up of any partnership, omit the claim for dissolution; and instead insert a
paragraph stating the facts of the partnership having been dissolved).           aC
                                                                          di
                                                            4. WRITTEN STATEMENTS
                                                                    In
                                                                  General Defences


       Denial.—The defendant denies that (set out facts).
       The defendant does not admit that (set out facts).
       The defendant admits that………………but says that……………
       The defendant denies that he is a partner in the defendant firm of……………………
       Protest.—The defendant denies that he made the contract alleged or any contract with the plaintiff.
       The defendant denies that he contracted with the plaintiff’s alleged or at all.
       The defendant admits assets but not the plaintiff’s claim.
     The defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any of them.
    Limitation.—The suit is barred by article.....................................or article...............of the Second
Schedule to the Indian1 Limitation Act, 1877 (15 of 1877).
    Jurisdiction.—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).
    On the ........................................................................................day of....................... a diamond ring was delivered
by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.
    Insolvency.—The defendant has been adjudged an insolvent.
    The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in
the receiver.
    Minority.—The defendant was a minor at the time of making the alleged contract.



1. See now the Limitation Act, 1963 (36 of 1963).


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