WAHID AHMAD QURESHI Vs. RAKESH KUMAR

JUDGEMENT

(1.) THIS revision has arisen from the order dated 20.2.2003 passed by Additional District Judge, Court No. 3, Meerut in Misc. Case No. 332 of 1999 permitting Sri Rakesh Kumar to be substituted as Partner of the Firm, M/s Rakesh Kumar and Company, i.e., the plaintiff after the death of erstwhile Partner Suraj Bhan, who had instituted the suit.

(2.) COURT below has observed that the Firm is registered one wherein Rakesh Kumar is the partner. From the record, it appears that this fact was specifically disputed by revisionist but without making investigation into the matter further, Court below has passed impugned order only on the basis of Form -38, copy whereof was filed before it observing that Rakesh Kumar is the partner of the Firm.

(3.) COPY of Form -38 has been placed before this Court by revisionist stating that it nowhere shows that Rakesh Kumar was one of the partners in the Firm.