Case Summary
The case involves Prakasan C, the plaintiff, who seeks the cancellation of a partnership deed and the return of his capital and share of profits from the defendants, who are Pramod PP and Ranjeesh Tharayil. The suit arises from disputes over their partnership business in aluminium fabrication.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit seeking cancellation of partnership deed and return of capital and profits was dismissed by the court. The plaintiff failed to establish his claims regarding capital contribution and entitlement to profits.
Key Reasoning:
The plaintiff failed to prove his contribution towards capital and share of profits and the suit was deemed not maintainable.
The plaintiff failed to prove his contribution towards capital and share of profits and the suit was deemed not maintainable.
Why Defendant Won:
The plaintiff failed to prove his contribution towards capital and share of profits and the suit was deemed not maintainable.
The plaintiff failed to prove his contribution towards capital and share of profits and the suit was deemed not maintainable.
Supporting Evidence
The plaintiff could not prove his contribution towards capital and share of profits.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prakasan C
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pramod PP
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ranjeesh Tharayil
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Partnership deed entered into between Prakasan and 2 others on 04.05.2016, Retirement of partnership deed of Prakasan C on 14.08.2017.
Defendants Documents
Original partnership deed entered into between Prakasan and two others on 04.05.2016.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gireesh P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Aoskan Pazhoor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P Chathukutty
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Cancellation of partnership deed and return of capital amount.
Evidence:
Thus, the plaintiff is not entitled to get the relief as sought for.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Executed partnership deed entered into by the plaintiff and two others.
Reference:
Ext.A1
Document Type:
Retirement Deed
Submitted By:
Plaintiff
Relevance:
Retirement of partnership deed involving the plaintiff.
Reference:
Ext.A2
Document Type:
Police Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued from Kakkur Police Station related to the complaint by the plaintiff.
Reference:
Ext.A3
Document Type:
Original partnership deed
Submitted By:
Defendant
Relevance:
Original partnership deed entered into by the defendants.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Prakasan C vs Pramod PP et al regarding cancellation of partnership deed.
Case Code Year
Case between Prakasan C vs Pramod PP et al regarding cancellation of partnership deed.