INDIAN BANK Vs. FUEL INJECTIONS LIMITED

JUDGEMENT

(1.) THE appeal is from an order in the Chamber Summons No. 1110 of 1987 declining the application of the appellants who are original plaintiffs to amend the plaint by deleting the name of Ramesh Pallod as the sole proprietor of Bharat Agencies, the 3rd defendant, or in the alternative, by substituting the name of Kashinath Pallod for the name of Ramesh Pallod as the sole proprietor of Bharat Agencies.

(2.) THE appellants, who are the original plaintiffs have filed a summary suit being Summary Suit No. 909 of 1986 against (1) Messrs. Fuel Injections Limited, (2) Vijay D. Char, and (3) "ramesh It. Pallod of Bombay Indian Inhabitant carrying on business in the name and style of Bharat Agencies as the sole proprietor thereof. . . . ". The suit is on 49 bills of exchange, all dated 26th February, 1983. The bills of exchange were drawn by Fuel Injections Limited. The bills of exchange were drawn on Messrs. Bharat Agencies and Messrs. Bharat Agencies had accepted these bills of exchange. On behalf of Bharat Agencies the bills of exchange are signed by "per pro. The Bharat Agencies (Bombay Branch) R. Pallod". The plaint in this summary suit on the bills of exchange clearly shows that the 3rd defendant was sued as the acceptor of the bills of exchange. The bills of exchange clearly show that the party concerned was Bharat Agencies. The entire suit is on the basis that Ramesh Pallod was the sole proprietor of Bharat Agencies. The suit has been filed on 30th January, 1986. The suit was within time because the due date of payment of the bills of exchange was 26th May, 1983.

(3.) PRIOR to the filing of the suit, the plaintiffs addressed a letter dated 7th December, 1985 to the bankers of Bharat Agencies, viz. , Bank of Maharashtra, enquiring as to the nature of the firm Bharat Agencies and the names of the owners of the said firm. In reply, the Bank of Maharashtra, by its letter dated 16th December, 1985, informed the appellants bank that Messrs. Bharat Agencies was a proprietory concern and the name of the proprietor was Ramesh Pallod. In view of this letter, in the title of the plaint Ramesh Pallod is described as "carrying on business in the name and style of Bharat Agencies as the sole proprietor".