SHAILA SUBRAO SHETYE Vs. KUNDA MADHUKAR SHETYE

JUDGEMENT

(1.) This petition arises out of the order dated 18th April, 2012 passed by the trial Court on the application preferred by the petitioners for deletion of respondents No. 3, 4 and 5 from the suit on the ground of misjoinder of parties as also misjoinder of causes of action.

(2.) The petitioners are defendants no. 1 to 4 to Special Civil Suit No. 2 of 2012 filed by respondent no.1 (the plaintiff). Respondent no.2 is original defendant no.5 and respondents no. 3 to 5 are original defendants no. 6 to 8. For convenience, the parties shall, hereinafter, be referred to by their original nomenclature.

(3.) The partnership Firm of M/s R.S. Shetye & Brothers (the "Firm" for short) was constituted in the year 1970 with members of Shetye family as it's partners. With passage of time, there have been changes in the constitution of the Firm. Until some time prior to filing of the suit, the partners of the Firm, by virtue of the partnership agreement dated 22nd January, 2004, were the plaintiff and defendants no.1 to 4. Their respective shares in the Firm, were: the plaintiff 34%, defendant no.1 33% and defendants no. 2 to 4 together 33%. The business of the Firm is of mining. It holds mining lease in the name of "Deulem Mines". Defendant no.7 has been appointed by the Firm as Raising Contractor for the purpose of extraction of ore. Defendant no.8 is the subcontractor of defendant no.7 and defendant no.6 is the exclusive purchaser of the ore from the said Mine under an agreement executed for the purpose.