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2020 (3) TMI 3 - HC - Indian LawsPartition of immoveable properties - dissolution of partnership firms in terms of the Agreement/Family Settlement - suit either for specific performance of what the defendants had agreed/undertaken under the Agreement/Family Settlement or for recovery of possession of or monies as may be due to plaintiffs from defendants. HELD THAT:- What the plaintiffs are required to do is a complete overhauling of the plaint and not merely amendment of the plaint. It is thus not deemed appropriate to adjourn the case - The counsel for the plaintiffs however states that the plaintiffs have paid court fees on the plaint and though the plaintiffs on amendment/filing fresh suit, would be required to pay additional court fees but if this suit is disposed of, the court fees paid shall be wasted. The suit and pending applications are dismissed as withdrawn with liberty to sue for enforcement of obligations of the defendants under the Agreement/Family Settlement dated 11th March, 2014 but on the condition that the plaintiffs, along with the fresh proceedings if any file copies of the plaint in the present suit as well as this order and in the fresh plaint/suit so filed, prominently plead the said aspect. A certificate entitling the plaintiffs to refund of court fees paid less ₹ 20,000/-, be issued and handed over to the counsel for the plaintiffs.
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