B. D. GUPTA, J. :- The following question has been referred for being answered :-

"Whether a limited company falls within the meaning of the expression 'person' as used in R. 10 of Order 30 of the Code of Civil Procedure?"

The circumstances in which this question arose have been set forward in the order of reference dated the 17th of August, 1967, passed by a Division Bench of which I was member, but may again be briefly summarised as follows :

2. Murli Dhar Verma, the predecessor-in-interest of the respondents to this appeal, instituted the suit giving rise to this appeal for recovery of money as damages and interest. The sole defendant to the suit, as originally filed, was described as follow :-

"Rajendra Prasad Oil Mills, Kanpur, through the Director Bishan Dayal, son of Lala Kishori Lal......"

As a result of an application for amendment, which was allowed, the description of the defendant was modified as follows :-

"Rajendra Prasad Oil Mills, Kanpur, through -

(1) Bishan Dayal, son of L. Kishori Lal,

(2) Rameshwar Prasad, son of Lala Kishori Lal, and

(3) Sunder Lal, son of L. Ram Bilas. . . . . Directors of the said Mills."

Only one written statement was filed, which, according