Supreme Court · 1996 INSC 1265 · Decided 1 November 1996
Anokhe Lal v. Radhamohan Bansal and OTHERS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1265 · [1996] SUPP. 8 S.C.R. 308
- Case number
- CIVIL APPEAL No. 13716/1996
- Decided
- 1 November 1996
- Bench
- M.M. PUNCHHI, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 226, 227; Contract Act Section 45
Headnote
Code of Civil Procedure, 1908-0r. 30 R. 4 (2) and Sec. 115-Eviction suit against a firm, contested by one of its partners-Seeking impleadment of the son of a deceased partner-Rejected by trial court-Revision filed­ During pendency of revision, eviction suit was decreed and was confirmed C in involves de novo trial and should not be allowed-Hence, revision infructuous. Code of Civil Procedure, 1908-0rder 30 Rule 4 (2) and Order 1 Rule 10(2)-Scope of-Suit by or against firm-Jmpleadment of legal D representative of deceased partner as an additional defendant-Held 0. 30, R. 4(2)
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