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SATHAYE
Gulam Dastgir – Appellant
Versus
Pannalal – Respondent


Advocates Appeared:
For the Appellants : Mohmed Yacoob, Md. Mohmed Ali.
For the Respondent: R.C. Rai.

JUDGMENT :

1. In Civil Suit No. 2 of 1950-51 Nawab Akhtar and Gulamdastgir sued Seth Pannalal and others for dissolution of partnership and rendition of accounts in the Court of the District Judge, Raisen. During the trial of the suit the plaintiffs applied for appointment of a Receiver of the property of the partnership. The learned District Judge, on 8-5-50 rejected the application. The plaintiffs Dastgir and Nawab Akhtar filed this appeal against that order.

2. During the pendency of the appeal the appellant No. 1 Gulam Dastgir, on 26-9-50, informed the Court that the appellant No. 2 Nawab Akhtar had died a month before. The appeal was adjourned for filing an application for substitution of the legal representatives of the deceased. On 1-11-50 Gulam Dastgir, appellant No. 1 filed an application for bringing on record the legal representatives, but it being improper was rejected on 3-11-50. On 7-11-50, the legal representatives of the deceased appellant No. 2 filed an application for being brought on record, but it was only on 6-12-50 that they stated the date of the death of Nawab Akhtar to be 28-6-50. On 30-12-50, the respondents contended that the application was barred by time














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