G S REFRACTORIES Vs. AGRAWAL BROTHERS

JUDGEMENT

(1.) HEARD Mr. N.N. Tewari followed by Mr. B.K. Jha, learned Counsel for the appellants and Mr. R.S. Majumdar, learned Counsel for the respondent.

(2.) THIS Second Appeal is directed against the judgment and decree of the First Additional District Judge, Dhanbad passed in Title Appeal No. 80/94 by reason of which the appellants appeal has been dismissed by affirming the judgment and decree of eviction passed by the trial Court in Title (Eviction) Suit No. 126/87.

(3.) LEARNED Counsel for the appellants has contended that without adding of the partners of unregistered firm, the suit has been decreed by the trial Court ignoring the ground of non -joinder of necessary party. He also submitted that on the death of original partner of the firm, non -impleading of the existing partner vitiate the entire legal proceeding and the judgment and decree of the Courts below become non -est Last but not the least, learned Counsel contended that on the facts and circumstances, the learned Courts below could have held that the appellants defaulted in payment of rent from April. 1996 onward. In support of the argument of non -joinder of parties. Learned Counsel has relied on the decision in the case of Shiv Karon Agarwalla V/s. Satyanaratn Mansinka reported in - - and in the case of Bhawarjit Chetri V/s. Kedarmal Banarasilal reported in AIR 1954 Assam 111.