1.

Suit For Dissolution Of Partnership And Rendition Of

Accounts

(PLAINT)
IN THE COURT OF______________________
__________________Son of ______________________ R/O _________________
District__________________________________
PLAINTIFF
VERSUS
__________________Son of ______________________ R/O _________________
District__________________________________
DEFENDANT
(SUIT FOR DISSOLUTION OF PARTNERSHIP AND RENDITION OF
ACCOUNTS)
It is honorable submitted as under: –

1. That the plaintiff and the defendant run the business of retail sale of clothes since
January 2016. The name and style of our brand is “Style Fabrics” situated at _______.
A partnership agreement covering terms and conditions of the partnership was executed
on 01-05-2016. The copy of the Partnership Deed is attached to this suit.
2. That according to the terms of the partnership, the defendant was in charge of the
internal section of the business ie., supervision and maintenance of accounts, while the
plaintiff was to be marketing executive of the business for the advertising of the sale of
the business.
3. That the defendant had Committed some breaches to the terms of the partnership
which are as under:
 Defendant did not allow the plaintiff to examine the accounts book.
 The defendant did not render the accounts for the last 5 years.
 Now defendant gave over ten packs of clothes to his kinsfolks free of cost without
giving information and taking approval from the plaintiff.
 The defendant frequently dodges to pay the utility bills of the buildings of the
business. Hence this suit.
4. That the cause of action arose firstly on 04-10-2015 when the plaintiff required the
defendant to render the accounts but the defendant denied to do the same, and secondly
and finally, ten days ago, when the defendant utterly denied doing the needful.

5. That the plaintiff and defendant reside at___________ and run their business
at___________ therefore, the Civil Court of having the jurisdiction to decree this suit.

6. That the valuation of the suit for the determinations of court fee and jurisdiction has
been fixed at Rs. 22,000/- therefore no Court fee is liable to be attached on this plaint.

In view of the above it is prayed as under:

PRAYERS
1. The partnership between the plaintiff and the defendant may kindly be dissolved.
2. The defendant may kindly be directed to render the accounts of the last 5 years.
3. The shares of the plaintiff and the defendant arising out of the rendering of
accounts may kindly be equally dispersed between plaintiff and defendant.
4. The Costs of this suit may also be conferred to the plaintiff.
5. Any other relief considered probable by this Respected Court may also be granted.
Plaintiff
_________________
Through  Counsel, Mr.
______________________

VERIFICATION
Verified on oath at this __ day of January, 2016 that the contents of the paragraphs 1,2,3
are true to the best of my knowledge while rest of paragraphs are correct to my
information and belief.

2. Draft deed for dissolution of Partnership

This deed of dissolution made on the ………..day of October………. Between
……………..son of Shri………… aged …….. years, R/o……………….. of the first part,
hereinafter referred to as the continuing partner, and Shri……………Son of
Shri………….aged ……..Years, R/o…………… of the Second Part, hereinafter referred to
as the retiring partner
 WITNESSES THAT WHEREAS the aforesaid parties of the first and second party have been
carrying on business in…………… at………………. In the name of M/s …………under a
deed of partnership dated………….. and whereas Shri……………. The party of the agreed
to dissolve the said partnership.

NOW THEREFORE, it is agreed by and between the parties of the first and second parts that:
1.  The partnership of M/s…………shall stand dissolved as from
2.  The retiring partner shall cease to have any interest in or connection with the business of
M/s………with effect from……………
3.  In full consideration of his relinquishing all rights, claims and interests in the business and
assets of M/s………….the retiring partner has been paid as mutually agreed a sum of
Rs……….by the continuing partner which payment the retiring partner hereby
acknowledges.
4.  The continuing partner shall be at liberty to continue the business in the name of
M/s……………….either as sole proprietor or in partnership with others.
5.  The retiring partner hereby assigns and transfers unto the continuing partner all his share and
interest in the partnership business of M/S………………..including book debts, goodwill and
property
6.  The retiring partner hereby irrevocably appoints the continuing partner as his attorney to
demand, collect and receive from all persons, all and singular, the debts, effects and moneys
of the said partnership, to bring and institute suits and proceedings against debtors of the
firm, to compromise with them in any manner that he thinks fit and to give effectual receipts
and discharges for the same.
7.  The continuing partner shall in due course pay all the debts and discharge all the liabilities of
the said partnership and shall indemnify and keep indemnified the retiring partner against all
actions, proceedings costs and expenses in respect of matters relating to the said proceedings.
8.  The retiring partner shall not carry on any competing business in any capacity whatever,
within radius of one kilometers from the place of business of the said partnership for a period
of two years.
9.  Without prejudice to any rights and remedies herein contained, each of the parties hereto
hereby releases and discharges the other from all actions, proceedings, claims and demands
on accused of the said partnership.
IN WITNESS whereof the parties hereto have set their hands in the presence of witnesses.
Witnesses: 1……………..2…………            First Party:……………..

[Name and address]                                 Second Party:………….

3. Deed for Dissolution of Partnership
Deed of Dissolution of Partnership
(To be executed on Rs. 10/- Non Judicial Stamp Paper)
THIS DEED OF DISSOLUTION OF PARTNERSHIP made the………………… day
of………………… 2007 BETWEEN………………….
WHEREAS the partners hereto under a deed of partnership dated………………… made
between them formed themselves into a business firm and carried on business under the name
and style of………………… in pursuant to the covenants, stipulations and provision
contained in the said deed;
AND WHEREAS it has been mutually decided between the parties that the said partnership
shall be dissolved, and the said trade and business shall be wound up and the stock-in-trade,
assets and credits realized and called in, and the net proceeds after payment and satisfaction
of all debts and liabilities divided between the partners according to the covenants in this
behalf appearing in the deed of partnership.
NOW THIS DEED WITNESSES that in pursuance of the said agreement it is hereby
declared and agreed by and between the parties hereto as follows, that is to say:
1. The said partnership between the partners hereto under the deed, dated…………………
hereunto appended shall be determined and stand dissolved as from the………………… day
of………………… 2007. And the parties hereto singly or jointly shall not carry on the
business of the said firm of………………… under the said name and style for a period
of………………… years hence.
2. The parties hereto shall on the aforesaid date of………………… sign notices of the
dissolution and forthwith advertise in the local Official Gazette the fact of dissolution as
required by Section 45 of the Indian Partnership Act AND shall also intimate the fact of
dissolution to the Registrar of Firms under the provision of Section 63 of the said Act.
3. Within………………… days after the dissolution of the partnership a full and general
account and balance sheet shall be taken and made of the property, assets and liabilities of the
partnership; and a full and particular inventory and valuation of all the machinery, plants,
tools, utensils, stock in hand, office equipment, materials and effects belonging to the firm
shall be made by the parties or such other person as the partners may choose to appoint,
whose decision shall be final and binding upon the partners, and all debts owing to the firm
shall be collected and got in by the parties or such other persons as the parties may by
instrument in his behalf appoint.
4. That as soon as may be, after the property, assets and liabilities have been got in and
disbursed the parties or such other person or persons whom the parties may have appointed
under the foregoing clause shall divide and apportion the share of the parties, in the
proportion of the contribution of the parties towards the capital. In such division any amounts
paid earlier or due to the parties according to the books of the partnership shall be taken into
account. That the cost of liquidation proceedings shall also be deemed to be a liability of the
partnership and paid from the funds of the partnership.
5. That in case the winding up shows a loss or the assets of the partnership are insufficient to
meet the liabilities and debts of the partnership then the partners shall forthwith pay such
losses in the proportion of their contribution to the capital.
6. Each of the parties shall, so soon as the others or any of them, or their or his
representatives, shall have executed and done all the assurances, acts or things hereby agreed
to be done by them respectively and at the request and cost of such other or others, or their or
his representatives execute to them or him such releases, indemnifies, and assurances as may
be reasonable and proper;
IN WITNESS WHEREOF the said AB, CD and EF have hereto signed and executed this
agreement of dissolution and appended it to the said deed of partners, dated…………………
WITNESSES:
1. Sd/- A.B.
2. Sd/- C.D.
3. Sd/- E.F.