NARINDER NATH Vs. MAHINDER NATH

JUDGEMENT

(1.) This order disposes of four IAs.

(2.) The facts in brief, in so far as relevant for the disposal of these applications may be noticed. M/S Kedar Nath Mohinder Nath was a partnership firm. There were five partners. The plaintiff and the defendants 1,2 and 3 real brothers held 15% share each. Their mother Smt Krishna Pyari was also a partner holding 40% share.

(3.) The plaintiff has filed this suit for dissolution of partnership and rendition of accounts on 18.11.1993. The mother was not joined as a party to the suit. The defendants on being noticed, have on 11.11.93 filed on I.A.No-249/94 under Order 7 Rule II Civil Procedure Code seeking rejection of the plaint alleging the suit to be barred by law inasmuch as the mother, a necessary party was not joined in the suit. Faced with this application, the plaintiff became wiser and on 1.3.94, moved an application under Order 1 Rule 10 CPC (I.A.N0.2271/94) for impleading the mother as a party to the suit. However, before the application could be heard on merits, the mother expired on 8.3.94 rendering the plaintiff's application infructuous.