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2001 Supreme(Bom) 236

A.M.KHANWILKAR
M. B. Development Corporation – Appellant
Versus
Manilal Patel & Co – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---Rule. Rule returnable forthwith by consent.

Mr. R.D. Vora waives notice for respondents in all the matters.

2. All these petitions can be disposed of together as they involve common question.

3. Briefly stated, the respondent company, which is stated to be a partnership firm, instituted, suits in the Court of Small Causes Court at Bombay for a declaration that they are tenants in respect of the suit property. In response to the said suits the petitioner-original defendant filed reply raising objection that the suits filed by the respondent were not maintainable since the same were filed by a firm which was admittedly dissolved prior to the institution of the said suit. In the context of the objection raised, Mr. Vishishtha Manilal Patel, who claims to be one of the partner of the said dissolved firm-respondent herein, filed Int. Notices praying for permission to withdraw the suits with liberty to file fresh suits for the same cause of action. The Court below made the said Int. Notices absolute and permitted withdrawal of the suits with liberty to file fresh suits on the same cause of action. This order was assailed by the petitioner by way of revi







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