KIRAN ISPAT UDYOG Vs. BHARATKUMAR AND BROTHERS

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 227 of the Constitution of India challenging the order dated 09. 01. 2003 passed by the learned Civil Judge (S. D.), Bhavnagar below an application Exh. 29 in Special Civil Suit No. 241 of 1999 whereby the petitioner's application for joining the proposed respondent Nos. 6 to 8 has been rejected.

(2.) THIS Court has issued rule on 22. 01. 2003. On service of rule, Mr. Ketan A. Dave, learned advocate appears on behalf of respondent Nos. 1 to 4 and Mr. Y. N. Ravani, learned advocate appears for respondent No. 5. An affidavit-in-reply is filed on behalf of respondent No. 4 on 28. 11. 2003.

(3.) IT is the case of the petitioner that the petitioner is a registered partnership firm under the provisions of the Indian Partnership Act. The petitioner is engaged in manufacture of CTV Bars and MS Bars and also engaged in the business of selling of MS Bars. The respondent No. 1 Firm had purchased material from the petitioner of Rs. 9,50,000/- and assured that the amount will be paid within 15 days. Since the payments were not made by the respondent No. 1 firm, the petitioner filed Regular Civil Suit No. 241 of 1999 in the Court of learned Civil Judge (S. D.), Bhavnagar against the respondent No. 1 Firm as well as its 4 Partners.