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2018 Supreme(P&H) 4496

RAJ MOHAN SINGH
M/s Super Ispat Udyog Partnership Firm – Appellant
Versus
M/s National Steel And Agro Industries Ltd. – Respondent


Advocates Appeared:
Mr. Aayush Gupta Advocate, for the Appellant; Mr. Om Pal Sharma, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioners have assailed the orders dated 12.01.2017 and 03.10.2017 passed by the Civil Judge (Jr. Divn.) Ludhiana vide which application under Order 6, Rule 17 CPC was allowed and the parties to the litigation as well as pleadings in issue were changed and the application under Order 9, Rule 7 CPC was dismissed.

2. At the time of issuance of notice of motion on 02.11.2017, following order was passed by this Court:-

    "Learned counsel for the petitioners contends that there were two distinct firms. One was partnership concern and the other was a private limited company. The amendment to introduce cause of action in respect of private limited company to be a partnership firm with defendants No.2 to 4 as partners instead of Directors would be totally time barred as cause of action accrued to the plaintiff in respect of partnership firm in the year 2008. The order dated 03.10.2017 is in continuation of order dated 12.01.2017 vide which amendment was allowed in favour of the plaintiff. After the amendment, original defendants kept on appearing through the advocate in new capacity.

    Notice of motion for 02.03.2018.

    In the meanwhile, trial Court shall adjourn

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