provisions to permit several firms who
are doing business as partners to sue or be sued in the name
of the firm ... business as partners outside India. In their case
they still have to sue in their individual names. If
however, under some misapprehension, persons doing business
Constitution, which is in
these terms:
"The Government of India may sue or be
sued by the name of the Union of India ... Government of a State may sue or be sued
by the name of the State and may, subject to
any provisions which may be made
bailor has
normally the right to elect his own remedy and sue him
either for wrongful conversion or for wrongful detention.
If he chooses ... chattels and not damages for their conversion. He will
then sue in detinue, not in trover. In the second place, he
will have to sue
omit
to claim the relief of specific performance with liberty to sue for the
said relief at a later point of time, if necessary ... Court.
(2) Relinquishment of part of claim-Where a plaintiff omits to sue in
respect of, or intentionally relinquishes, any portion of his claim
Gunjan Sinha Jain vs Registrar General,High Court Of Delhi on 9 April, 2012
Author
filed within 3 years
from the date when the right to sue first arises. Article 58 applicable to
such suits reads as under:
| |Description ... obtain any other |Three years |When the right to sue|
| |declaration. | |first accrues. |
18. The expression right to sue has not been defined
suit by the Factory, it was pleaded that the Factory
could not sue as-, the goods in five of the receipts had
been consigned ... Mills could maintain
the suit. Ordinarily, it is the consignor who can sue if
there is damage to the consignment, for the contract of
carriage
relating to pauperism.
HEADNOTE:
The respondent filed an application for permission to sue in
forma pauperis against the appellant, and notice of the
petition ... Court and the Court thereafter dismissed the application
for permission to sue in form pauper is as there was no
evidence to show that
that decision and
contended for the first time that the right to sue did not
survive to the heirs of the plaintiff. The Rent Control ... appeal, the High Court took the
view that the right to sue did not survive to the heirs of
the plaintiff and on that ground
held that the appellant could not in the alternative be
permitted to sue for specific performance of the agreement,
and therefore the suit must ... that a plaintiff suing for specific
performance of the contract can alternatively sue for the
rescission of the contract but the converse
