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2017 Supreme(Online)(KER) 38734

HIGH COURT OF KERALA
P.SOMARAJAN, J
C.J.RAPHEL – Appellant
Versus
PUNNERI SREEDHARAN – Respondent


Advocates:
SRI.V.V.SURENDRAN, SRI.P.A.HARISH, SRI.P.V.KUNHIKRISHNAN, SRI.B.R.MURALEEDHARAN

O R D E R

This Revision is filed against the order dated 11.2.2015 in A.A.No.51 of 2011 of the Appellate Authority (LR), Kannur. The said appeal was filed by some of the partners of a registered partnership firm as aggrieved persons. Their claim was that they were not made as parties to the earlier proceedings. Along with the appeal, they filed a petition to condone the delay of 1002 days in preferring the appeal. The Appellate Authority dismissed the application to condone the delay in filing the appeal and consequently, the appeal was also dismissed.

2. Three questions came up before me for consideration. The first question is regarding competency of maintaining an appeal by some of the partners who claimed to be not parties to the proceedings under challenge, passed against the partnership firm represented by its Managing Partner. Secondly, whether the abovesaid partners who are not named in the order under challenge, either in a representative capacity or otherwise, would be able to maintain an appeal being partners of the firm; and lastly, whether there is sufficient reason for condoning the delay in preferring the appeal.

3. The landlord is a registered partnership firm having

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