Supreme Court · 1978 INSC 76 · Decided 4 April 1978
Haji Mohammed Ishaq MD. SK. Mohammed & 3 Others v. Mohamed Iqbal & Mohamed Ali & ORS.
- Court
- Supreme Court of India
- Citation
- 1978 INSC 76 · [1978] 3 S.C.R. 571
- Case number
- CIVIL APPEAL No. 2468/1968
- Decided
- 4 April 1978
- Bench
- R.S. SARKARIA, N.L. UNTWALIA, P.S. KAILASAM (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Privily of Contract-Conduct of Parties-Plaintiffs supplyi11g goods on his .own direct-Defendants also accepting the goods and making payments as well-Whether there is an implied contract and a privy . Pleadings-Amendment of Pleadings not permissible if it could defence-Civil Procedure Code Order VI Rule 17- Additional evidence also not permissible in such cases.--Order XL! Rul~ 27 Civil Procedure Code. The PlaintifI respondent is a registered Partnership firm carrying on busi­ ness at Nipani. 630 bags of tobacco were despatched by the
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