NAGANANDA Vs. GOWRAMMA

JUDGEMENT

(1.) An I.A. filed by the petitioners under Order 1 Rule 10(2) CPC seeking permission of the Court to implead them as parties to FDP No.3/1982 pending in the Court of Principal Sr.Civil Judge and CJM, Mysore, having been dismissed on 17.9.2012, the unsuccessful applicants have filed this writ petition.

(2.) Undisputed facts of the case are:

(3.) The petitioners and Mr. T.S.L.Upadhyaya, the 10th defendant in the suit, entered into a partnership on 28.10.1988 to carry on business of partnership firm of 'Sri Maruthi Matching Center' at Door No.1770, Upadhyaya Building, Sayyaji Rao Road, Mysore, wherein Mr. T.S.L. Upadhyaya was running Agarbatti business. According to the petitioners, Mr. T.S.L.Upadhyaya put his place of business as capital contribution and the petitioners put their skill and expertise as capital for the partnership business. The said partnership was reconstituted on 20.5.1992. In view of the death of Mr. T.S.L. Upadhyaya, the said partnership firm was again reconstituted on 29.8.2012.