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1976 Supreme(All) 387

M.P.MEHROTRA
Ganga Prasad Sarraf – Appellant
Versus
Sukra – Respondent


Advocates:
V.D. Ojha and Girdhar Malviya, for Applicant; K.N. Tripathi, for Respondents.

ORDER :- This amendment application has been moved on behalf of the plaintiff appellant under order VI. Rule 17 C.P.C. seeking to amend the plaint. A counter-affidavit has been filed on behalf of the defendants respondents and in reply a rejoinder affidavit has been filed on behalf of the plaintiff appellant. The necessity to move the amendment application arose in this manner. The plaintiff filed a suit claiming that he entered into a partnership with one Satya Narain and on 30th January, 1961, the partnership was dissolved and accounting took place wherein a sum of Rupees 3638.31 was found to be due to the plaintiff from the said Satya Narain. The said amount was, however, not paid by Satya Narain to the plaintiff and, therefore, he was compelled to file the suit against the two defendants, the defendant No. 1 being the widow and the defendant No. 2 being the son of the said Satya Narain. Satya Narain died some time in February/March 1963 before the institution of the suit which was instituted on 30th of October, 1963. The defendants were obviously impleaded as the heirs and legal representatives of the deceased Satya Narain. The defendants contested the suit and denied the factu




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