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2020 Supreme(Bom) 75

A.K.MENON
Gopaldas And Co, Mazgaon, Mumbai – Appellant
Versus
Gopaldas Corporation, Mumbai – Respondent


Advocates Appeared:
Farhan Dubash, Chaitanya Chavan, Supriya Bhatkar, Vigil Juris, Dinyar D Madon, Cyrus Ardeshir, Neville Mukerji, Asim Tirmizi, Veritas Legal, Advs.

JUDGMENT :

A.K. Menon, J.

In a matter that is listed for directions, an application was moved on behalf of defendant nos.5(a), 5(b) and 5(c) seeking leave to file written statement. The application is vehemently opposed by the plaintiffs. Defendant nos.5(a), 5(b) and 5(c) are legal heirs of original defendant no.5. The suit seeks recovery of a sum of Rs.2,02,02,220/-. It is a dispute between two partnership firms. In the suit, as originally filed, there were six defendants. Defendant no.4 was a partnership firm, of which defendant nos.5 and 6 were said to be the partners. Defendant no.6 was already impleaded as defendant no.2. Defendant no.5 died on 26th May 2018, leaving behind defendant nos.2, 5(a), 5(b) and 5(c) as the only legal heirs. On 17th July 2019, the plaintiffs sought amendment to the plaint to implead the said legal heirs. The amendment was carried out on 30th July 2019. The aforesaid heirs sought leave to file written statement, which was opposed on behalf of the plaintiffs on the ground that vide an order dated 22nd March 2019, the suit has been directed to proceed ex-parte against defendant no.5.

2. The record indicates that the suit was listed for directions on 26th S

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