A.B., the above named plaintiff, states as follows:--
1. He and C.D., the defendant, have been for.... years past carrying on business together under
articles of partnership in writing .
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) ] 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The contract was rescinded by agreement between the plaintiff and defendant.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).

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Corporate & Company Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our corporate team handles company formation, filings and commercial contracts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Partnership: Format & Sample

Using this format

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