B.N.SRIKRISHNA, RUMA PAL
KEDAR LAL – Appellant
Versus
BABU LAL VYAS – Respondent
( 1 ) LEAVE granted.
( 2 ) IN 1967, there was a partnership between Ramcharan Lal, Kalyan prasad, Radhey Shyam and Babu Lai Vyas. On 2-12-1976 Ramcharan Lal filed a suit praying, inter alia, for the appointment of an arbitrator and for preparation of the accounts of the partnership so as to ascertain the balance amount payable to him out of the profits of the firm. Ramcharan died in 1982. He had no children. His sister, Kalawati, applied to be impleaded as a plaintiff in the pending suit in place of Ramcharan Lai. This was allowed by the Court.
( 3 ) ACCORDING to the appellant, Kalawati, during her lifetime had executed a Will in favour of the appellant which sought to convey to the appellant "the right to plead the said case" and "the right to all debts and credits as may be decided by the court". In 1996 Kalawati died. The appellant made an application for being substituted as the plaintiff in place of Kalawati as her legal representafive under the Will. The application was dismissed by the trial court on the ground that the Will had merely sought to effect a transfer of a right to sue and that by virtue of Section 6 (e) of the Transfer of Property Act such a transfer was impermi
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