DEVSEY KHETSEY Vs. HIRJI KHAIRAJ

JUDGEMENT

(1.) THE plaintiff filed the suit on August 2, 1939, for dissolution of partnership that subsisted between hirh and the defendant and for the usual partnership accounts. It was alleged in the plaint that the partnership had been dissolved on June 1, 1939. After the suit was filed, the defendant took out a notice of motion on October 2, 1939, for certain reliefs, and an order was made on October 10, 1939. THE defendant made his affidavit of documents on November 17, 1939. On December 19, 1939, the plaintiff died.

(2.) ON March 18, 1940, the defendant adopted rather curious proceedings. He took out a chamber summons for bringing on the record of the suit in place of the original plaintiff Bai Moorbai, the widow of the original plaintiff, Damji Devsey and Dhanpati Devsey, all three as heirs and legal representatives of the original plaintiff. The defendant also sought by the summons liberty to amend the plaint and proceedings. ON this summons Mr. Justice Kania made an order on August 9, 1940, whereby he gave 'the defendant liberty to -bring on record of this suit Bai Moorbai, Damji Devsey and Dhanpati Devsey as heirs and legal representatives of the deceased plaintiff and also gave the defendant liberty to amend the plaint and proceedings accordingly. ON September 16, 1940, the defendant's attorneys wrote to Bai Moorbai drawing her attention to the order that had been made by Mr. Justice Kania and enclosing with the letter a copy of the said order and also stating that by the said order she had been directed to amend the plaint and proceedings in the suit and calling upon her to amend the plaint and proceedings within a week in default they threatened further proceedings against her.

(3.) THE order that I will make will be that the defendant in the suit should be transposed as the plaintiff and he as the new plaintiff should amend the plaint and proceedings in this suit. THE written statement that he has filed as the original defendant he will be allowed to treat as the plaint in the proceedings which will be amended according to my order. THE defendant will bring the heirs of the original plaintiff, Bai Moorbai, Damji Devsey and Dhanpati Devsey, on record as defendants to the suit. I will also give liberty to the defendant to amend his written statement in order that any reliefs which he might have asked, if he had been the plaintiff in the suit, might be incorporated in his written statement. THE defendant will serve the writ of summons and a copy of the order I am making today within four weeks upon Bai Moorbai, Damji Devsey and Dhanpati Devsey. I direct that the newly added defendants should put in any further pleadings if they be so advised within two months from today and they should make their affidavit of documents within three months from today. THE suit will be on board for hearing on January 5, 1942, as a part-heard suit.