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    <title>1961 (3) TMI 118 - CALCUTTA HIGH COURT</title>
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    <description>A party challenging execution on the basis that attached and sold assets belonged to a partnership firm must prove that ownership fact when it is not admitted in the pleadings. Here, the plaintiffs failed to establish that the tea gardens and export quota rights were partnership assets of Garodia Periwal Tea Co. The court noted that the best title documents were not produced and that the evidence on record, though admissible, was too weak to prove firm ownership. The challenge under Order 21 Rule 49 CPC therefore failed, and the claimed declarations and related reliefs were refused.</description>
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    <pubDate>Fri, 10 Mar 1961 00:00:00 +0530</pubDate>
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      <title>1961 (3) TMI 118 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200031</link>
      <description>A party challenging execution on the basis that attached and sold assets belonged to a partnership firm must prove that ownership fact when it is not admitted in the pleadings. Here, the plaintiffs failed to establish that the tea gardens and export quota rights were partnership assets of Garodia Periwal Tea Co. The court noted that the best title documents were not produced and that the evidence on record, though admissible, was too weak to prove firm ownership. The challenge under Order 21 Rule 49 CPC therefore failed, and the claimed declarations and related reliefs were refused.</description>
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      <pubDate>Fri, 10 Mar 1961 00:00:00 +0530</pubDate>
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