9911796707
TMI Blog1989 (11) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... i, and Khetter Mohun jointly, on an account acknowledged and signed in 1880. In both Courts the suits were held to have been originally defective for want of parties, and to have been barred by the Law of Limitation before the defect was cured. 2. On the face of the plaints the three joint-creditors are named as co-plaintiffs. The names of Gobind Rani and Khetter Mohun have not been struck out, n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... half of Khetter Mohun, relying, as appears by the plaints, on Section 30 of the Civil Procedure Code of 1882, which only applies "when a suit is brought by one person on behalf of other persons having joint interests, but not named as co-plaintiffs." Notice of the petitions was given to Khetter Mohun, and he being named as co-plaintiff already asked to be made a plaintiff. By some oversi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Subordinate Court and the High Court ought to be reversed, and that the suits should be remanded to the High Court with a direction that they should be tried on the merits by the Subordinate Court, and giving the parties leave to raise such issues and to adduce such evidence as they may be advised, and that the costs which have been incurred in the Subordinate Court should abide the results of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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