SHANKAR TRADERS AND ORS. Vs. BANK OF INDIA

JUDGEMENT

(1.) THE defendants have preferred the present revision against the order dated 11 -3 -1991 allowing the application of the Plaintiff opposite party for making an amendment against the name of defendant No. 2 as deceased as the other defendants, namely defendant Nos. 3 to 6 are already on record as persons against whom the suit has been filed. The plaint was accordingly directed to be amended making an endorsement of the name of Kanti Swaroop Sharma as deceased

(2.) LEARNED Counsel for the applicants urged that as the suit was filed by the Bank of India against M/s Shankar Traders, a registered partnership firm and also against Kanti Swaroop Sharma and defendant No 6, the relief was claimed for a decree of Rs. 1,48,966.11 with pendente and future interest at the rate of 19.5% per annum and also for preparing a temporary decree that the defendants, particularly defendant No. 2 was, personally liable, consequently his heirs were necessary parties after his death, the court below erred in rejecting the objection of the defendants. Reliance was placed on Ram Narain Kishun Dayal v. Ram Prasad : AIR 1931 All. 65; Mathuradas Canji Matani v. Ebrahim Fazalbhoy : AIR 1927, Bom. 581.

(3.) A bare reading of the aforesaid provision makes it manifest that after the death of the partners the legal representatives were not the necessary parties to the suit. In view of the provisions of Order 30 Rule 4 the impugned order has been passed.