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1 - 3 of 3 (0.19 seconds)Registrar, Manonmaniam Sundaranar ... vs Suhura Beevi Educational Trust And ... on 20 January, 1994
In the light of the above discussions and following the decision reported in AIR 1995 MADRAS 42 (Registrar, Manonmaniam Sundaranar University V. Suhura Beevi Educational Trust and others), the plaintiff suit is not maintainable by unilaterally giving up his claim against the first defendant partnership firm without due notice and also without effecting consequential amendment of pleadings and therefore, the suit laid by the plaintiff is bad for mis joinder of necessary party. Further it is found that even if the plaintiff has given up his claim as against the first defendant partnership firm, inasmuch as the plaintiff has laid the suit based upon the letter of promise dated 01.04.2002 alleged to have been issued by the first defendant partnership firm and as the defendants 2 & 3 are not personally liable under the above said letter of promise, it could be see that the suit laid by the plaintiff is hit by Section 69 of the Indian Partnership Act, 1932. Accordingly, the substantial questions of law formulated in this second appeal are answered against the plaintiff and in favour of the defendants.
The Indian Partnership Act, 1932
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