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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. Doshi, J
Gujarat Water Supply & Sewage Board – Appellant
Versus
Evergreen Trading & Construction Company – Respondent
| Table of Content |
|---|
| 1. factual matrix of contractual dispute and tender performance issues. (Para 1 , 2 , 3) |
| 2. arguments concerning maintainability of suit by unregistered or improperly represented partnership firms. (Para 4 , 5 , 6) |
| 3. legal requirements for a partnership firm to sue as a legal entity under the code of civil procedure and partnership act. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. determining suit maintainability based on correct legal identity of plaintiffs. (Para 15 , 16 , 17 , 18) |
CAV JUDGMENT
1. By way of the present First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short the “Code”), the appellants, who are the original defendants, challenge the judgment and decree dated 23.03.2001 passed by learned Civil Judge (S.D.), Nadiad in Special Civil Suit No.312 of 1985, whereby the suit filed by the plaintiff was decreed against the defendants holding that the plaintiff is entitled to recover Rs.5,08,422/- with 18% interest from the date of filing of the suit till realization.
2. For the sake of brevity and convenience, the parties are referred to their original status and position to the learned Trial Court.
3. The brief facts borne out of the
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