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1974 Supreme(Del) 8

PRAKASH NARAIN
JAGAIJIT INDUSTRIES CORPORATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
H.S.Dhir, M.S.Vohra, N.R.Suri, R.L.AGARWAL, S.P.AGARWAL

Prakash Narain

( 1 ) M/s. Jagatjit Industrial Corporation describing itself in the heading of the plaint as a firm registered under the Indian Partnership Act, and carrying on business as Re-Rollers, Founders and Fabricators, at Kapurthala filed a suit against Union of India and two others for recovery of Rs. 29,000. 00. In the body of the plaint no further particulars of the partnership were given. It seems that the suit was filed in the name of the partnership firm by virtue of the provisions of Order 30 of the Code of Civil Procedure.

( 2 ) I. A. 113 of 1973 has now been move and under Order 22 rule 3 Civil Procedure Code for bringing on record as plaintiffs the legal representatives of Ved Prakash, one of the partners. In this application it is stated that the plaintiff-firm was constituted by three persons as partners, namely, Jagat Prakash, Jai Prakash and Ved Prakash. Jagat Prakash and Jai Prakash are stated to have died earlier and Ved Prakash is stated to have died on October 20, 1972. The application seeks to bring legal representatives of only Ved Prakash on record and not of the other two deceased partners. The application has been resisted on various grounds, inter alia





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