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1978 Supreme(Mad) 546

T.RAMAPRASADA RAO
S. Krishnan – Appellant
Versus
Aruna and Associates, Madras-4 – Respondent


Advocates:
C. Harikrishnan, for Petitioner.
N. Srivatsamani, for Respondent.

ORDER. — This Civil Revision Petition is against an order of the learned City Civil Judge, who allowed an amendment of the plaint which amendment was under the following circumstances, as mentioned by the Court below:

"....It is stated in the affidavit that the petitioner-plaintiff has filed the suit for recovery of Rs. 24,711-30 due to him as charge for construction work carried on by him. It is also stated in the affidavit that the plaintiff’s firm was a partnership and that the partnership was dissolved on 22nd February, 1972. After the dissolution the plaintiff was carrying on the business as the sole proprietor of the plaintiff firm. At the time of the institution of the suit this fact was not brought to the notice of the counsel. The firm has been running by the plaintiff as the sole proprietor. Hence he prays that the plaint should be suitably amended and that the long cause title should be permitted to be suitably amended.“

2. Messrs. Aruna and Associates was originally a partnership firm. It is said to have been dissolved on 22nd February, 1972. In spite of such a dissolution having taken place and in spite of the fact that it is alleged that the petitioner who sought for an













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