Evidence Affidavit in a Suit for Dissolution of a Partnership Firm (India) by OLL
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Evidence by way of Affidavit in a Suit for Dissolution of Partnership Firm.
Format of evidence by way of Affidavit in a suit for dissolution of partnership firm.
As per Section 44 of the Indian Partnership Act, 1932 Suit for dissolution of partnership can be filed in a court and the court may dissolve partnership on the ground mentioned in this section. Extracts of Section 44 of Partnership Act is given below:
Sample Format of Affidavit for Suit for Dissolution of Partnership is given below:
IN THE COURT OF THE _____________ JUDGE AT _________
ORIGINAL SUIT NO _______ OF 20__
MR ______________ APPLICANT / PLAINTIFF
VS
MR _______________ RESPONDENTS / DEFENDANTS
AFFIDAVIT
I, _______________ Son of _______________ aged _________ years, Resident of _________________________, do solemnly affirm and say as follows:
1. That I say, that I am the petitioner in the Original Suit referred to above and being well conversant with the facts and circumstances of the case, I am fully competent to swear to this affidavit.
2. That I say, that the aforesaid suit is filed, inter alia, for obtaining a decree of dissolution of the partnership firm.
3. That I say, that on ______________ , with a view to carry on a partnership business, I and defendant Nos. 2 to 4 executed a partnership deed incorporating the terms and conditions of the said partnership. The partnership business was agreed to be carried on under the name and style of The place of business of the partnership firm is and its registered office is at The partnership firm carries on the business of manufacture and sale of garments and defendant No. 3 is the Managing partner and the other defendants are its partners.
4. That I say, that the defendant No. 1 is a partnership firm duly registered under the Indian Partnership Act, 1932. The initial capital of the said firm is Rs _______. The aforesaid initial capital was equally contributed by me and defendant Nos. 2 to 4 at the rate of Rs _______ each. Further, I and the defendant partners agreed to arrange additional capital as per the requirement and for the benefit of the firm from time to time.
5. That I say, that the objects of the partnership firm are as under:-
(i) To carry on the business of Assembling and Selling Computers.
(ii) To carry on the business of providing Computer Related services
(iii) any other business as may be mutually agreed upon by all the partners from time to time.
This is a preview. The full template is free on GitLaw.
This document is a template for an evidence affidavit used in Indian courts to seek the legal dissolution of a partnership firm. It outlines the grounds for dissolution, such as misappropriation of funds or breach of the partnership deed, and provides a structured format for a partner to present sworn testimony and evidence.
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About this template
What is this template?
This is a sworn evidentiary statement filed in a civil court to prove the facts justifying the legal termination of a partnership. It is not a partnership deed or a simple dissolution agreement; it is a litigation document that details specific allegations of fraud, breach of contract, and loss of mutual confidence.
When should you use it?
Use this when a partnership cannot be dissolved by mutual consent and you must petition a court under Section 44 of the Indian Partnership Act. If the partners agree to close the business voluntarily, use a Partnership Dissolution Deed instead.
Who it's for
- a partner in an Indian firm seeking a court-ordered dissolution due to a managing partner's misappropriation of funds
- a petitioner filing evidence under Section 44 of the Indian Partnership Act 1932 for breach of agreement
- a partner who has issued a 15-day legal notice for rendition of accounts that remained unserved or contested
How long it runs and how it's signed
Law it's drafted under
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