CITY BANK OF LTD. Vs. SHIV SHARMA

JUDGEMENT

(1.) IN civil original No. 88 of 1950 Mr. Bal Raj Tuli, the learned Counsel for Pandit Shiv Ram Sharma Respondent, urges a preliminary objection that the petition ought to have been brought in the name and on behalf of the Company in liquidation and not in the name of the joint liquidators. In the petition out of which these proceedings have arisen the Petitioners are described as "Joint Liquidators of the City Bank of Lahore Ltd., in liquidation."

(2.) THE point raised is covered by Section 179(a), Companies Act, 1913, hereinafter referred to as the Act, and by the decision of their Lordships of the Privy Council in Dawsons Bank, Ltd. v. Nippon Menkwa Kabushiki Kaisha, A.I.R. 1935 P.C. 79. The relevant portion of Section 179 reads:

(3.) IN : A.I.R. 1935 P.C. 79 Lord Russell of Killowen said: