Skip to main content

PARTNERSHIP

 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.
[NB : 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.]

(4) WRITTEN STATEMENTS

General defenses

Denial

The defendant denies that (set out facts).
The defendant does not admit that (set out facts).
The defendant admits that ...... but says that.....

Protest

The defendant denies that he is a partner in the defendant firm of ....
The defendant denies that he made the contract alleged or any contract with the plaintiff.
The defendant denies that he contracted with the plaintiff as 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 Indian 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 use vested in the receiver.

Minority

The defendant was a minor at the time of making the alleged contract.

Payment into Court

The defendant as to the whole claim (or as to Rs..... part of the money claimed) (or as the case may be) has paid into court Rs....... and says that this sum in enough to satisfy the plaintiff's claim (or the part aforesaid).

Performance remitted

The performance of the promise alleged was remitted on the (date).

Rescission

The contract was rescinded by agreement between the plaintiff and defendant.

Res judicata

The plaintiff's claim is barred by the decree in suit (give the reference).

Estoppel

The plaintiff is estopped from denying the truth of (insert statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel).
Ground of defence subsequent to institution of suit.
Since the institution of the suit, that so to say, on the .... day of ........ (set out facts).


Comments

Popular posts from this blog

ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT

No. 7 ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT [O. 5, R. 21] (Title) Whereas it is stated that ............... defendant/witness in the above suit is at present residing in .............  It is ordered that a summons returnable on the ........ day of ...... 19......  /20 ....., be forwarded to the ................. court of ....... for service on the said......... defendant/witness with a duplicate of this proceeding. The court fee of ........ chargeable in respect to the summons has been realised in this court in stamps. Dated.............  Judge

ON AN AWARD

  No. 10 ON AN AWARD (Title) A.B., the above named plaintiff, states as follows:-- 1. On the ...... day of ....... 20......., the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay], agreed in writing to submit the difference to the arbitration of E.F., and G.H, and the original document is annexed hereto. 2. On the ....... day of ......... 20, the arbitrators awarded that the defendant should [pay the plaintiff ..... rupees.] 3. The defendant has not paid the money. [As in paras 4 and 5 of Form No. 1, and relief claimed.]