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1994 Supreme(Del) 661

R.C.LAHOTI
NARINDER NATH – Appellant
Versus
MAHINDER NATH – Respondent


Advocates Appeared:
A.C.GULATI, A.T.PATRA, K.K.JAIN, KAMAL NIJHAVAN, M.K.ARORA, S.K.DHOLAKIA, V.P.Singh

R. C. Lahoti, J.

( 1 ) THIS order disposes of four IAs.

( 2 ) THE facts in brief, in so far as relevant for the disposal of these applications may be noticed. M/s Kedar Nath Mohinder Nath was a partnership firm. There were five partners. The plaintiff and the defendants 1,2 and 3 real brothers held 15% share each. Their mother Smt Krishna Pyari was also a partner holding 40% share.

( 3 ) THE plaintiff has filed this suit for dissolution of partnership and rendition of accounts on 18. 11. 1993. The mother was not joined as a party to the suit. The defendants on being noticed, have on 11. 11. 93 filed on I. A. No-249/94 under Order 7 Rule II Civil Procedure Code seeking rejection of the plaint alleging the suit to be barred by law inasmuch as the mother, a necessary party was not joined in the suit. Faced with this application, the plaintiff became wiser and on 1. 3. 94, moved an application under Order 1 Rule 10 CPC (I. A. N0. 2271/94) for impleading the mother as a party to the suit. However, before the application could be heard on merits, the mother expired on 8. 3. 94 rendering the plaintiff s application infructuous.

( 4 ) ON 4. 4. 1994, the plaintiff moved an application under











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