Affidavit in a Suit for Dissolution of Partnership Firm.

MR ______________
 

……….APPLICANT / PLAINTIFF

VS

MR _______________
 

…….RESPONDENTS / DEFENDANTS

I, _______________, Son of _______________, aged about _________ years, resident of _________________________, do hereby solemnly affirm and state as follows:

1. That I am the Petitioner in the Original Suit referred to above and, being fully conversant with the facts and circumstances of the case, am competent to swear to this affidavit.

2. That the present suit has been instituted, inter alia, for seeking a decree of dissolution of the partnership firm.

3. That on ____________, with the intention of carrying on a partnership business, I, along with Defendant Nos. 2 to 4, executed a partnership deed setting out the terms and conditions governing the said partnership. The business was agreed to be conducted in the name and style of _______________. The principal place of business of the firm is at _______________, and the registered office is situated at _______________. The partnership engaged in the business of manufacture and sale of garments, and Defendant No. 3 has been acting as the Managing Partner while the other defendants are also partners in the firm.

4. That Defendant No. 1 is a partnership firm duly registered under the Indian Partnership Act, 1932. The initial capital of the firm was Rs. ___________, contributed equally by me and Defendant Nos. 2 to 4, each contributing Rs. ___________. Further, all partners agreed to provide additional capital as required for the business operations and benefit of the firm from time to time.

5. That the objects of the firm as recorded in the partnership deed includes:

• Carrying on the business of assembling and selling computers;
• Providing computer-related services;
• Any other activities mutually decided by the partners.

6. That under Clause 6 of the partnership deed, proper books of account are to be maintained at all times and kept accessible to all partners, with profits and losses shared equally among them. Defendant No. 3, as the Managing Partner, has been entrusted with the management, supervision, and control of daily business affairs. Clause 8 of the deed empowers the Managing Partner to operate all bank accounts of the firm, and Clause 9 authorises him to borrow funds or obtain guarantees for the firm's purposes.

7. That I state that Defendant No. 3 has persistently neglected his duties as Managing Partner by failing to properly maintain books of account, disregarding the supervision of the firm's employees, and consistently ignoring the day-to-day management of the business. These lapses have caused serious disruption to the business operations and substantial losses to the firm and its partners.

8. That by repeatedly neglecting his obligations and refusing to engage in the essential management of the firm, Defendant No. 3 has demonstrated conduct that has completely eroded mutual trust and confidence, which forms the basis of any partnership.

9. That I have not received my rightful share of the firm's income, nor have I been repaid the sums advanced by me to the firm as a loan. As a result, I was compelled to issue a legal notice dated ____________ to the defendants, calling upon Defendant No. 3 to render accounts and convene a meeting of all partners within fifteen days of receipt of the notice. The notice was returned unserved. Thereafter, the other defendants and I issued another notice on ____________, again demanding rendition of accounts within fifteen days. Defendant No. 3, however, sent a reply containing baseless, frivolous, and untenable assertions, and to date, he has neither rendered the accounts nor convened any meeting of the partners.

10. That the documents filed by me along with the plaint and detailed in the list of documents clearly establish my claims and entitle me to a decree as prayed for against the defendants jointly and severally.

11. That in these circumstances, it is just and necessary that this Hon'ble Court may be pleased to accept and take on record the documents produced by me as Exhibits P-1 to P-12, and, after considering the contentions in the plaint and this affidavit, pass a decree in my favour and against the defendants jointly and severally.

DEPONENT

I, _______________, the above-named deponent, do hereby verify on oath that the contents of this affidavit are true and correct to my personal knowledge and belief and that nothing material has been concealed or falsely stated herein. Signed and verified this ___ day of _______, 20___________.

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on this ___ day of _______, 20.

COUNSEL FOR THE DEPONENT

Why filed?

• To place facts of the case on record under oath.
• It supports the plaint (main petition) by giving a sworn statement of the plaintiff's version.
• In partnership disputes, it shows mismanagement, loss of trust, non-maintenance of accounts, and non-payment of dues.
• Courts accept affidavits as evidence in original suits to avoid lengthy oral examination at the initial stage.

When filed?

• At the stage of filing the plaint (with the suit for dissolution of partnership).
• Later, when the plaintiff wants to prove facts/documents without oral deposition.
• Generally filed along with a list of documents, before issues are framed.

Purpose

• To seek dissolution of the firm under the Indian Partnership Act, 1932 (grounds: misconduct, breach of trust, failure to maintain accounts, loss of mutual confidence).
• To request a decree for:
  • Dissolution of the firm.
  • Rendition of accounts.
  • Settlement of assets and liabilities.
  • Recovery of plaintiff's share.
  • To authenticate documents filed with plaint (Exhibits P-1 to P-12).

Where filed?

In the civil court having jurisdiction (District Court / Commercial Court / Civil Judge, depending on pecuniary and territorial limits). Title is "Evidence by way of Affidavit" and is filed in the same case file as the original suit.

Documents usually filed with it

• Copy of Partnership Deed.
• Firm's Registration Certificate under the Partnership Act.
• Bank statements, balance sheets, ledgers.
• Correspondence between partners (emails, letters).
• Legal notices sent to defendants and their replies.
• Proof of capital contribution, loans advanced.
• Any other relevant agreements, invoices, or business records.

In short: The affidavit acts as the plaintiff's sworn testimony and documentary proof to convince the court that the partnership has broken down and a dissolution decree is necessary.

FAQs

Q1. What is this affidavit?

It is a sworn statement filed by the plaintiff to support the plaint in a partnership dissolution case.

Q2. Why is an affidavit needed if a plaint is already filed?

The plaint states claims. The affidavit affirms those claims under oath, turning them into admissible evidence.

Q3. At what stage is the affidavit filed?

At the time of filing the suit or later during the evidence stage, depending on the court's direction.

Q4. Which law governs dissolution of partnership?

The Indian Partnership Act, 1932, especially Sections 39–44.

Q5. Who files this affidavit?

The partner (plaintiff) is seeking dissolution and rendition of accounts.

Q6. Where is it filed?

Before the civil court with jurisdiction over the partnership's principal place of business.

Q7. What does the affidavit contain?

Facts of the partnership deed, roles of partners, grounds for dissolution (e.g., misconduct, non-maintenance of accounts), and demand for decree and accounts.

Q8. What documents must be attached?

Partnership deed, registration certificate, bank records, notices sent to partners, replies (if any), proof of contribution or loans.

Q9. Is notarisation required?

No, affidavits filed in court are sworn before the Oath Commissioner/Notary/Court officer.

Q10. Can oral evidence replace this affidavit?

Yes, but affidavits save time. Courts often allow affidavits instead of long oral examinations.

Q11. What if a partner denies affidavit contents?

The court may summon parties for cross-examination.

Q12. What is the purpose of Exhibits P-1 to P-12 mentioned in the affidavit?

These are supporting documents relied upon by the plaintiff (e.g., deed, notices, accounts).

Q13. Does non-reply to legal notices help the plaintiff's case?

Yes. It shows the partner's neglect and strengthens grounds for dissolution.

Q14. Can this affidavit alone dissolve the firm?

No. Court passes decree after evaluating affidavit, documents, and defense evidence.

Q15. What decree can the court grant?

Dissolution of the firm, accounts and settlement, recovery of plaintiff's share, and directions for winding up.

Q16. Can interim relief be sought along with an affidavit?

Yes, injunctions to stop mismanagement or misuse of firm property can be sought.

Q17. What if the firm is unregistered?

An unregistered firm cannot sue for enforcement of contractual rights, but a partner can sue for dissolution and accounts under Section 69(3) of the Partnership Act.

Q18. Who verifies the affidavit?

The deponent (plaintiff) signs before Oath Commissioner or Court officer.

Q19. Is stamp paper required?

No. Only plain paper with the proper court fee affixed on the plaint. Affidavit itself doesn't need stamp duty.

Q20. Is this affidavit a public record?

Yes, once filed in court, it becomes part of the judicial record accessible to parties.