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PETITIONER: PURUSHOTTAM UMEDBHAI & CO.
Vs.
RESPONDENT: M/S. MANILAL AND SONS (IN CONNECTED APPEALS)
DATE OF JUDGMENT: 07/10/1960
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SARKAR, A.K. DAYAL, RAGHUBAR
CITATION: 1961 AIR 325 1961 SCR (1) 982 CITATOR INFO : R 1965 SC1718 (4) RF 1967 SC 278 (6) R 1969 SC1267 (4,6) R 1978 SC 484 (12)
ACT: Pleadings--Suit by foreign firm in firm name--Plaint, if a nullity--Application for amendment of plaint for substitution of names of Partners instead of the name of the firm--Maintainability--Code Civil Procedure, 1908 (Act V of 1908), s. 153--O. XXX rr. 1, 2--O. 1, rr. 10(1), 10(2). Partnership--Power of Attorney--Partner if can execute power on behalf of all partners--Indian Partnership Act, 1932 (IX of 1932) ss. 4, 18 and 19(2).
HEADNOTE: The respondent a firm carrying on business in Singapore filed a plaint in the firm name against the appellants for the breach of contract. The plaint had been signed and verified on behalf of the firm by one ’D’ on a power of attorney executed by one of the partners only. After about, 6 years the respondents made an application for the amendment of the plaint. The amendment sought was to the effect that the name of the firm as plaintiff be struck off, as it was a misdescription and in its place and s...