ESTER INDUSTRIES LIMITED Vs. SUBHASH CHAND PRABHASH CHAND

JUDGEMENT

(1.) By the present appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC), the Appellant-Defendant impugns the judgment and decree dated 6.11.1997 whereby the suit for recovery filed by the Respondent-Plaintiff herein was decreed for its dues towards brokerage/commission.

(2.) After completion of the pleadings, Trial Court framed the following issues:

(3.) Issue No. 2 was the first issue which was argued by the Appellant-Defendant before this Court. It was argued that as per the letter of appointment, the contract was with HUF firm by the name of M/s. Subhash Chand Prabhash Chand. It was argued that the contract with the HUF firm to which the brokerage was payable came to an end on 31.3.1992. It is argued that the partnership which filed the present suit came into existence on 18.2.1993 i.e. after the dealings of the parties had already come to an end in March, 1992. It was therefore urged that the Respondent-Plaintiff has no locus standi to file the suit for recovery.