DIAMOND SUGAR MILLS LTD Vs. MAKHAN LAL MURARKA

JUDGEMENT

(1.) This is an application, inter alia, for recording the death of the Defendant No. 2, Chunilal Murarka, and for getting the heirs and legal representatives of the said deceased Defendant substituted in this suit as Defendant Nos. 2(A) to 2(E) respectively and for consequential amendment of the plaint and cause title.

(2.) The suit was filed by the Plaintiff company, inter alia., for a decree for the sum of Rs. 16,81,776-1-6 on account of misappropriation and acts of misfeasance and malfeasance, amongst others, by the said Chunilal Murarka, one of the Joint Managing Directors of the Plaintiff No. 2.

(3.) It is contended on behalf of the Respondents that the suit is for damages for having committed acts of misfeasance. The cause of action does not survive, as against the Respondents mainly because it is a suit for damages for negligence. The Respondent relied on Adjai Coal Company Ltd. v. Pannalal Ghose and Ors., 1930 57 IndApp 144 (157); Brahmayya & Company v. V.S. Ramaswami Aiyer ; Peoples Bank of Northern India Ltd. v. Desraj and Ors.; Bhupendra Narayan Sinha v. Chandramoni Gupta.