FIRM MUNNA LAL RAUNAQ RAM OF NABHA Vs. LACHHMANDASS DEVRAJ
HIGH COURT OF PUNJAB AND HARYANA
FIRM MUNNA LAL RAUNAQ RAM OF NABHA
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(1.) Dev Raj plaintiff-respondent originally filed a suit for the recovery of Rs. 3,426/14/9 against Shri Jatinder Kishore and Raunaq Ram. Nauhar Chand was impleaded as a pro forma defendant. It is not necessary to state in detail the facts on which the plaintiff claimed his relief. Suffice it to say that in the suit an objection was raised by the defendants that Lachhman Das was a necessary party whereupon the plaint was amended after obtaining permission from the trial Court and Lachhman Das was also added as a plaintiff. The suit thereupon was by Dev Raj and Lachhman Das plaintiffs as proprietors of joint Hindu family firm Lachhman Das Dev Raj. A decree for a sum of Rs. 2,909/14/9 was passed in favour of the plaintiffs with proportionate costs.
(2.) Jatinder Kishore on behalf of the firm Munna Lal Raunaq Ram and Raunaq Ram defendants preferred an appeal to the Court of the District Judge, Kapurthala, with respect to the decree for Rs. 2,909/14/9, and the plaintiffs filed cross-objections with regard to Rs. 500/- disallowed by the trial Court. It appears that in the judgment and the decree-sheet the name of Dev Raj alone was mentioned as plaintiff decree-holder, with the result that in the appeal filed by the defendants Dev Raj alone was impleaded as a respondent.
(3.) Before the learned District Judge a preliminary objection was raised by the plaintiffs that the appeal filed by the defendants was incompetent inasmuch us Lachhman Das had not been made a party to the appeal. This objection was sought to be met by praying that Lachhman Das might be permitted to be impleaded and the delay condoned because the defendant-appellants were misled by the omission of Lachhman Das's name both in the judgment and the decree of the trial Court. It was further contended that since both Dev Raj and Lachhman Das had instituted a suit styling themselves as managers of joint Hindu family firm it was open to Dev Raj alone to file the appeal. The learned District Judge upheld the preliminary objection and dismissed the appeal.;
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