COX AND KINGS AGENTS LTD Vs. PHOENIX OIL CO INDIA LTD
LAWS(P&H)-1954-2-1
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 16,1954

COX AND KINGS AGENTS LTD Appellant
VERSUS
PHOENIX OIL CO INDIA LTD Respondents

JUDGEMENT

- (1.) THIS is a rule obtained by Messrs. Cox and Kings (Agents) Limited against an order of Mr. H. D. Loomba, Subordinate Judge, 1st Class, Delhi, dated 21st July 1952 allowing amendment of the plaint.
(2.) THE plaintiff company brought a suit for the recovery of Rs. 17,239/3/- against the Punjab national Bank, Limited on 31st July 1950. On 30th August 1950 they made an application under order 1, Rules 1, 3 and 10 and Order 6, Rule 17 and Section 151, Civil P. C. , for amendment and addition of the present petitioners as defendants in the suit. In paragraph 3 of this petition it is stated that they had by an oversight missed to implead messrs. Cox and Kings as defendants and were desirous of adding them as parties. Along with this they filed an amended plaint which is dated 29th August 1950. In this they repeated their allegations which they made in the original plaint the purport of which was that the plaintiffs had suffered damage due to the negligence of defendant No. 1, the Punjab National Bank and/or their clearing Agents Messrs. Cox and Kings, Limits ed. On 7th December 1950 Mr. Mehr Singh chadda impleaded defendant No. 2 and issued notice to them. The written statement of the punjab National Bank, although dated the 15th January was filed on 21st February 1951.
(3.) ON 20th February 1951, Messrs. Cox and Kings, Limited made an application objecting to their being impleaded and also said that the plaint disclosed no cause of action against them. On 20th april 1951 the learned Judge framed issues, as to whether defendant No. 2 is a necessary party and whether the plaint disclosed any cause of action against them. Question of jurisdiction was also raised, but that was decided under Section 20 (b), Civil P. C.;


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