BHAGWATHI TEXTILES LIMITED Vs. LAKSHMI TEXTILE BROKERS

JUDGEMENT

(1.) The appellant had filed a suit for recovery of money against the respondents. Respondent 1 was described by the appellant as a partnership firm of which Respondents 2 and 3 were partners. Incidentally, Respondent 2 is the father of Respondent 3.

(2.) The trial court decreed the suit for a sum of Rs 1,03,061.22 plus interest thereon at the rate of 18 per cent per annum from 30-9-1975 till the date of the decree and thereafter interest was to be at the rate of 12 per cent per annum till the date of realisation and proportionate costs.

(3.) The respondents had filed an appeal before the High Court. One of the contentions which was raised was that Respondent 1 was not a partnership firm. The High Court by the judgment under appeal came to the conclusion that Respondent 1 was the trade name of the business which was being carried on by Respondent 2. It then held that as the relief had been directed against wrong parties, the appellant herein should amend the suit. The appeal of the respondents was allowed and the case was remitted to the trial court for fresh disposal according to law.