MOOL CHAND Vs. RAJASTHAN STEEL TRADING COMPANY

JUDGEMENT

(1.) This revision petition is directed against the order dated March 19, 1986, passed by learned Sub-Judge 1st Class, Amloh, whereby an application filed by the petitioners herein under Order 1 Rule 10 Code of Civil Procedure (for short 'the Code') for being impleaded as defendants has been dismissed.

(2.) There are two firms by the name of Rajasthan Steel Trading Company and Rajasthan Iron Traders, which in the instant suit in the Court below are the plaintiff and defendant No. 1 respectivly. It is not in disptue that the plaintiff-firm originally was constituted of four persons, namely, Banwari Lal, Lehri Mal, Gayatri Devi and Mool Chand. Defendant No. 1, on the other hand, was constituted by two persons namely Banwari Lal and Makhan Lal defendant No. 2 who is respondent No. 3 herein. Both the firms were dissolved on May, 31, 1983 and were reconstituted on June 1, 1983. Sarvshri Mool Chand, Lehri Mal and Gayatri Devi petitioners left the plaintiff-firm. Banwari Lal continued as its existing partner. On the other hand, on dissolution of the firm, defendant No. 1 Banwari Lal left it and on re-constitution it constituted of Makhan Lal the existing partner besides the petitioners herein.

(3.) The plaintiff firm through Banwari Lal then filed the initant suit for recovery of Rs. Two Lacs against the firm defendant No. 1 and impleaded Makhan Lal the existing partner as defendant No. 2. The petitioners apprehend that Makhan Lal would not defend their interests and thus they filed the application under Order 1 Rule 10 of the Code, which has been dismissed by the learned trial Court.