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2010 Supreme(Bom) 585

R.M.BORDE
Waman s/o Nago Choudhari – Appellant
Versus
Mahadu Nago – Respondent


Advocates appeared:
Mr. S.P. Deshmukh, Advocate for the petitioners.
Mr. V.D. Hon with Mr. A.K. Tiwari, Advocates for respondent No.1.
Mr. D.B. Thoke, Advocate for respondent No.3.

Judgment

ORAL JUDGMENT

Heard.

2. Rule. With the consent of the parties, the matter is taken up for final disposal at admission stage.

3. Petitioner is raising exception of the order passed below exh. 205 in Special Civil Suit No.1/2004 thereby rejecting the application presented by the petitioner seeking his impleadment in the pending suit presented by respondent No.1 herein against the State Government.

4. Respondent No.1 has presented a suit being Special Civil Suit No.1/2004 claiming recovery of money towards damages on account of breach of contract. It is not necessary to go into the factual aspects of the matter. Suffice it to note that the plaint discloses that the suit is presented by respondent No.1 on behalf of the partnership firm. The third party applicants claim that they are the partners of the firm. The firm is not yet dissolved and is in existence. The statement appearing in the plaint that the firm is dissolved is incorrect and the claim is raised by respondent no.1 on the basis of certain forged and fabricated documents. It is contended that respondent No.1 / original plaintiff is trying to get financial benefits by misrepresenting the court as well as the partne


















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