NEOGI GHOSE AND CO Vs. SARDAR NEHAL SINGH

JUDGEMENT

(1.) This is an application to amend the plaint in a suit; which was instituted by Neogi Ghose Co., a firm carrying on business as plumbers at No. 15/1 Jugal Kishore Das Lane in the town of Calcutta plaintiffs.

(2.) The plaint is verified by Phanindra Nath Ghose, who has described himself as a partner of the plaintiff firm, Anybody reading this would certainly form the opinion that there was move than one partner, and that the suit was properly brought in the firm name under Order 30, Civil P.C.

(3.) The suit came on for hearing and it transpired that Phanindra Nath Ghose is the sole proprietor of the business carried on under the name Neogi Ghose Co." In these circumstances an objection was taken that the suit in the name of Noogi Ghose & Co. as plaintiffs was incompetent as a suit may not be instituted by an individual carrying on business under a name otherwise than in his own name. The hearing was accordingly adjourned to enable the plaintiff to make such application in the matter as he might be advised.