IN THE COURT OF _________
CIVI SUIT NO____
____ S/o ____, resident of ____
……..PLAINTIFF
VERSUS
1- ____S/O ____R/O____
2- ____S/O ____R/O____
3- ____S/O ____R/O____
……….DEFENDANTS
SUIT FOR RENDITION OF ACCOUNTS WITH A CONSIQUENTIAL RELIEF OF PERMANENT INJUNCTION
RESPECTFULLY SHOWETH:
1- That Respondents have entered into a ____ firm with Plaintiff on____ day ____ in the name and style of ____ presently at ____. It is pertinent to mention here that on ____ the respondent no 1 started the business as a ____ instead of ____ keeping the plaintiff that it is a ____ firm. But the same was not reduced in writing and respondents induced Plaintiff that the same is in writing and after a long persuasion the same was reduced in writing on ____. The firm was floated for a purpose of Profession of ____ Activities and all such avenues related to the said. In which Plaintiff was working partner doing all jobs to execute the work on site as well as acts to meet out the expenditure for execution of work. Plaintiff has invested a working capital of ____ initially and he was the partner of ____ in profit and loss.
2- That after inception of the partnership with the defendant, plaintiff relied upon the Defendants being in good terms with him and the business of the said firm was being looked after by the Defendant No. 1 as ____. The entire stock, cashbooks of accounts and all other movable and immovable properties of the said firm were in the hands of the Defendant No.1.
3- That owing to some feelings of biasness against the plaintiff the Defendants started concealing material information of the firm and also started obstructing the ingress and egress of the Plaintiff in said firm with the sole purpose to disallow him from participating in the business of the firm. Whenever, the Plaintiff wanted to know about the transactions of the said firm in the capacity of a Partner, the Defendants always reluctant and never allowed him to have any inspection of Books of Accounts, Ledger or Bills etc or any Stock Register or any Balance Sheet of the firm showing any loss & Profit of the said firm during a particular financial year and thereby causing heavy financial and pecuniary losses to the Plaintiff.
4- That the plaintiff was working as a ____ and was to out for the ____ of the customers thus he was not aware of the official activities. The defendant no 1 was fully responsible for obtaining ____ from the ____.
5- That as per the terms of the partnership the partners will withdraw a salary of ____ per month. Instead of doing so the respondent no 1 & 2 were withdrawing a salary of ____& ____ respectively without any authority and permission.
6- That the Plaintiff also came to know on or about ____ that the Defendant No.1 has not deposited ____ and was using the same for his benefits, the Defendants intended to wind-up the firm without obtaining any consent of the Plaintiff and with the intention to defraud the Plaintiff, and to shift the business to the proprietorship firm floated by him. Such action was not in consonance of all the partners of the said firm and thus the Defendants acted in breach of conditions of the partnership deed, which is against the interest of the plaintiff. That after the great efforts of Plaintiff the firm is doing business as on today is of ____ Per Month. Plaintiff devoted his precious __ years of his life and knowledge in setup of the business. Whereas the partner/respondents no 3 is the ____ of partner/respondents no 1 who has no contribution in setting the business and is doing service of same nature in ____.
7- That Plaintiff so many times asked respondent’s to give the accounts and settled the account, up till the date, but all in vain. It is pertinent to mention here that all respondents were doing so many illegal activities for which Plaintiff so many times pointed out that it is wrong but keep Plaintiff mum on one reason or the other. Plaintiff talked to on phone to settle the matter other wise Plaintiff will leave the firm, but all in vain.
8- That there is no other suit or proceeding pending or decided previously between the parties on the same cause of action and on the same subject matter.
9- That cause of action to file the present suit accrued to the Plaintiff to file the present suit firstly when the defendant refused to stop illegal activities of the firms and when the defendants did not render true accounts of the firm before the plaintiff & did not allow the plaintiff to participate in the business of the firm and to allow egress and ingress of the firm, and it finally arose on ____ when the defendants flatly refused to accede to legitimate requests of the plaintiff. Hence, ____ is the last date of cause of action.
10- That both the parties reside at ____ and within the territorial jurisdiction of the Hon’ble Court, therefore, this Hon’ble Court has got the jurisdiction to try and decide the present suit.
11- That for the purpose of Court Fee and jurisdiction, the value of the suit is assessed at ____ over which a Fixed Court Fee of ____ has been paid.
Prayer:
It is, therefore, prayed that a defendants be directed to produce the accounts of the firm to the plaintiff and a decree of permanent injunction restating defendants from interfering into the peacefully taking part into the business of the firm by the plaintiff or from using the business premises by the plaintiff for the firm’s business or from moving any application by the defendant before any Government Authority in respect of the said firm for the purpose of withdrawing any Sales Tax Number or any other acts adverse to the interest of the firm or from WINDING UP of the firm without consent of all the partners and from doing any other business in the firm unless permitted by all the partners and unless the true accounts of the firm is rendered before the Plaintiff , may please be passed in favour of the Plaintiff and against the Defendants with COSTS OF THE SUIT.
ANY OTHER relief which this Hon’ble Court deems fit and proper may also please be granted in favour of the Plaintiff and against the Defendants with costs.
PLAINTIFF
THROUGH COUNSEL
____, Advocate, ____
VERIFICATION:
Verified that the contents stated here-in-above in the plaint from Para no.1 to 6 are true and correct to the best of my knowledge and belief and Para no.7 to 9 are based upon the legal opinion of my counsel.
Verified at ____ on this ______day of ____
PLAINTIFF
