ANKIT UDYOG Vs. LAXMAN PRASAD

JUDGEMENT

(1.) Instant miscellaneous appeal impugns the judgment and decree dated October 31, 1998 of the learned Additional District Judge, Bayana (Distt. Bharatpur) whereby plaintiff respondent's application under Order 12, Rule 6, CPC was allowed and a decree for Rs. 3,75,603 was drawn in his favour.

(2.) The parties shall be referred hereinafter in the same manner as they were arrayed in the plaint.

(3.) Contextual facts depict that the plaintiff Laxman Prasad in the capacity of owner of the firm M/s Babu Lal Shiv Charan Lal instituted a suit for recovery of Rs. 12,03,074.47 against the defendants in the Court below. The defendants submitted written statement. In paras 16 and 17 of the written statement it was pleaded that the plaintiff Laxman Prasad is not the owner of firm M/s Babu Lal Shiv Charon Lal and has no locus standi to file the suit. The said firm is a partnership firm and as the suit has not been filed by the Firm or by its partners it is not maintainable. However, in para 23 it was averred that after adjustment of all the payments made to the firm M/s Babulal Shiv Charan Lal only Rs. 3,75,603.26 were due against the defendant. The plaintiff moved an application under Order 12, Rule 6 read with Section 151, CPC praying therein that on the basis of the admission made by the defendants in para 23 of the written statement a decree be passed forthwith. The defendants objected to it by filing reply. Learned Court below thereafter passed a decree as indicated herein above.