AI Overview...
- Collective Suit - Main points and insights:
- A suit can be filed against a partnership firm and its individual partners for recovery of money arising from the same cause of action, provided the firm and partners are jointly liable (INDMAD00000545455, 00200023278, 00600000639).
- The use of the term firm in legal proceedings denotes the collective entity at the time of cause of action accrual, and suits against the firm or individual partners are permissible within the legal framework (00200023278, 00600000639).
- Multiple suits for the same cause of action against the same defendant(s) are generally barred by principles of res judicata, but exceptions exist if the suit involves different reliefs or causes of action (01100045108, 00300021298).
- Amendments seeking to introduce new causes of action or substantially alter the suit's nature may be disallowed if they amount to a different cause of action, preventing multiple suits on the same cause (01100045108).
- Under specific statutes like the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, suits for recovery are streamlined and may involve joint liability of partnership firms and their partners (02500060555).
- The limitation period for such suits depends on the nature of the cause of action and the date it accrued; courts examine the time of accrual to determine admissibility (00300021298, 00600000639).
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In cases involving loans, mortgages, or contractual obligations, the cause of action typically arises when the debt becomes due or the breach occurs, and suits must be filed within prescribed limitation periods (00300021298, 00900086158).
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Analysis and Conclusion:
- Suits for recovery of money based on the same cause of action can be filed collectively against a partnership and its partners, provided the liability is joint and the cause of action is identical.
- Courts emphasize the importance of the cause of action's timing and whether amendments or multiple suits infringe upon principles of res judicata.
- Statutory provisions, such as those under banking laws, facilitate collective recovery actions, but procedural and substantive legal principles govern the admissibility and scope of such suits.
- Overall, the legal framework allows for collective suits against partnerships and their members, but strict adherence to cause of action and limitation rules is essential to maintain procedural propriety.
References: - AYUB ALI @ VAISOOL KARUNAI vs J.ZAHABAR - Madras - MS SHOES EAST LTD. VS ANAND KHANDELWAL A+ - Delhi - GURUSHIDDAYYA KALKAYYA SELIMATH VS SHAH HIRACHAND VANECHAND AND CO. - Karnataka - Brojo Lal Saha Banikya VS Budh Nath-Pyari Lal Das - Calcutta - Bharath Sanchar Nigam Limited VS Ahmed Sharief Abdul Gaffar Kamanagar - Karnataka - Ramarapoo Narasimharao VS Bhakt aw annul Dhanraj - Andhra Pradesh - RAMJI SINGH PROPERTIES AND HOTELS VS DEBTS RECOVERY APPELLATE TRIBUNAL - Allahabad - Phonographic Performance Ltd. VS Hotel Gold Regency - Delhi - Vistra Itcl (india) Ltd VS Lalit Kumar Jain - Delhi - Penumatcha Achyutharamaraju VS Padmanabhuni Venkata Subbaiah - Dishonour Of Cheque
Search Results for "Collective Suit for Recovery of Money on same Cause of Action against Defendant"
2024 Supreme(Online)(MAD) 872 • India - High Court of Madras
Hon`ble Mr.Justice P. DHANABAL
Partnership - Recovery - CPC Section 20 - The court addressed jurisdiction for recovery of money in a partnership context, focusing ... The plaintiff claimed reimbursement from the defendants, asserting he paid the bank, but the defendants contended the plaintiff was ... Final Decision: The appeal is allowed; the decree and judgment of the trial court are set aside, and the suit is dismissed ... and probabilities of the case ii) The learned judge ought to have dismissed the ....
2016 0 Supreme(Del) 129 • India - Delhi
JAYANT NATH
The plaintiff sought a decree against the defendant for failing to perform obligations under a MOU, leading to a suit for recovery ... The Court also found that the proposed amendment sought to introduce a new cause of action and changed the nature of the suit. ... The Court also found that the proposed amendment sought to introduce a new cause of action and changed the nature of the suit. ... Anand Khandelwal and defendan....
1971 0 Supreme(Kar) 295 • India - Karnataka
G.K.GOVINDA BHAT, K.JAGANNATHA SHETTY
the time of the accrual of the cause of action. ... of action for the suit. ... Final Decision: The appeal was dismissed, and the court decreed the suit for recovery of the mortgage money by sale of the ... of action". ... The rest of the contentions on the basis of which issues 4, 5, 6 and 10 and additional issue No. 3 were framed were found against the defendants, with the result that the plaintiff's suit for #H....
1927 0 Supreme(Cal) 192 • India - Calcutta
ROY, B. B. GHOSE
The court also held that the suit was based on the consideration paid to the defendant, and the cause of action accrued from the ... Fact of the Case: The suit was brought by a firm for recovery of a loan alleged to have been lent to the defendant, ... and the applicability of the Limitation Act in determining the cause of action. ... That was a case in which the plaintiffs sued a person as defendant for #HL_STAR....
2018 0 Supreme(Kar) 116 • India - Karnataka
KRISHNA S.DIXIT
- Said cause of action would enure to benefit of BSNL - It can be deemed that BSNL was prosecuting cause of action of Central Government ... NO. 36/1963] - Articles 112, 113 - Suit by or on behalf of Government - Limitation - Suit seeking money decree against landline telephone ... consumer - Cause of action arose in year 1999 when BSNL was not in existence - BSNL incorporated as Government Company in year 2000 ... He further submit....
1971 0 Supreme(AP) 169 • India - Andhra Pradesh
ALLADI KUPPUSWAMI, NARASIMHAM
A firm name is only a collective name of those individuals who constitute the firm. ... Fact of the Case: The plaintiff firm, consisting of five partners, filed a suit to recover dues under a promissory ... note executed in their favor by the defendants. ... The use of the word "firm" in a suit or proceeding (Order 30, rule 1 C. P. C.) is nothing more than a convenient method for denoting the persons who constituted the firm at the time of the accrual of the cause of action....
2013 0 Supreme(All) 542 • India - Allahabad
SUDHIR AGARWAL
Recovery of Debts Due to Banks and Financial Institutions Act, 1993—Section 20—Partnership Act, 1932—Sections 69(2) and 14—Bank loan—Recovery ... of outstanding dues of Second firm—Therefore, the recovery as instituted at the instance of BEG Bank against property in dispute ... passed by DRAT—Whereby all four appeals filed by respondent No. 2—BEG Bank have been allowed—Submission of petitioner that for recovery ... The cause of action for recovery of the amount agreed....
2008 0 Supreme(Del) 683 • India - Delhi
BADAR DURREZ AHMED
The plaintiff sought injunction and money decree against the defendants for unauthorised use of the sound recordings. ... Copyright Act - Suit for Infringement of Copyright - Sections 33, 34, 61 - The court held that a suit for infringement of copyright ... The court rejected the plaintiff's suit under Order 7, Rule 11 of the Code of Civil Procedure, 1908. ... The suit is also for recovery of money from the defendants for unauthoris....
2020 0 Supreme(Del) 647 • India - Delhi
MUKTA GUPTA
Suit for recovery of money with interest, invested by plaintiff in defendant company, enforcement of its right to recover from ... Fact of the Case: Suit for recovery of money with interest, invested by plaintiff in defendant company, enforcement ... Ratio Decidendi: The reliefs sought by the applicants/defendant Nos.1 and 3 do not arise out of the plaintiffs' cause of action ....
• India - Dishonour Of Cheque
A.GOPAL REDDY
Fact of the Case: The plaintiff filed a suit against a partnership firm and subsequent individual defendants for recovery ... Issues: The issues included whether the suit was barred by limitation against the individual defendants, whether the promissory ... The court found that the promissory note executed by the 1st defendant-firm in favor of the plaintiff was true and binding on all ... ... ( 27 ) A suit can be filed against the firm and decree can be obtained a....
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