NATIONAL INDUSTRIES Vs. SASSOON RICE MILLS LTD

JUDGEMENT

(1.) This is the plaintiff's summons for an amendment of the plaint by deleting the word 'Limited' and the word 'Company' from the plaint. It is stated that the description of the defendant as Sassoon Rice Mills Limited was an error and the proper defendant is Sassoon Rice Mills. This summons was taken out by the plaintiff's Solicitor on 21-2-1951.

(2.) In the affidavit of Laburam Jain, a partner of the plaintiff firm, affirmed on 21-2-1951, in support of the summons, the allegation is that the defendant at all material times represented themselves as a limited concern or held themselves out as such and in fact in the correspondence and documents they described themselves as Sassoon Rice Mills Limited and that the plaintiff bona fide believing on the said representation sued them as a limited company. In that affidavit reference is made to correspondence and documents, some of which were produced at the time of the hearing of this application and learned counsel appearing in opposition has also seen them. I find from the disclosed documents in the suit that there are rubber stamps and letter heads describing the defendant as Sassoon Rice Mills Ltd.

(3.) On behalf of the defendant an affidavit in opposition has been filed which is affirmed by one Nagarmul Jajodia on 3-3-1951. Nagarmul Jajodia describes himself in that affidavit as one of the Directors of the "now defunct Sassoon Rice Mills Ltd." in a letter of their Solicitor for the defen- dant dated 17-12-1946, addressed to Messrs. S.C. Bose & Co., supplying particulars under orders of Court the Director Nagarmul Jajodia is stated in para 2 as (since deceased). Learned counsel for the applicant naturally has been anxious to explain to me how it was possible for a dead man to make an affidavit. I direct that this letter of the Solicitor of the defendant be filed with the records of this application. There is, therefore, really no proper affidavit in opposition.