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ALLAHABAD HIGH COURT
, J
National Building Material Supply v. Jai Jai Ram Manohar La Plaintiff
| Table of Content |
|---|
| 1. suit filed under unregistered name lacks maintainability. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contention on limitation due to amendment of plaintiff. (Para 7) |
| 3. joint family business does not hold legal entity for suit. (Para 8 , 10 , 12 , 14) |
| 4. substitution's effect on limitation is non-retrospective. (Para 15) |
| 5. final ruling favours dismissal of the suit. (Para 16) |
1. This is an appeal by the defendants arising out of a suit in the following circumstances. The suit was original by brought on 11-3-50 by 'Jai Jai Ram Manohar Lal, Ram Nagar, District Naini Tal, plaintiffs to recover a sum of Rs.10,139/12 / from the defendants purporting to be the balance of sale price of timber purchased by the defendants from the plaintiffs on 10-3-47 and delivered to the defendants on 10-6-47.
2. One of the objections taken by the defendants in their written statement was that the plaintiff firm was not registered under the Indian Partnership Act , and as such, the suit was not maintainable; and that, at any rate, the suit was barred under the provisions of Order XXX, CPC
3. After the lodging of the written statement, an amendment application was moved on behalf of the plaintiffs on 1
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