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Shriram and Mahadeo a Firm of Merchants Vs. Mukh Ram Agarwala - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in110Ind.Cas.432
AppellantShriram and Mahadeo a Firm of Merchants
RespondentMukh Ram Agarwala
Excerpt:
appeal -suit by members of firm--appeal against some members alone, competency of. - the appeal is not properly constituted as the plaint was brought by three persons as members of a firm and the decree was made in their favour. the appeal to the lower appellate court was against one of the members of the firm. it was not properly constituted there. but the objection does not appear to have been taken and the lower appellate court dismissed the appeal on the merits. here the defendant has appealed making only one of the members of the firm as respondent. the appeal is infructuous, for even if a decree in favour of the person who is made respondent here is set aside the other plaintif s would be entitled to execute the decree to its full extent.the appeal, therefore, is dismissed as improperly constituted with costs.
Judgment:

The appeal is not properly constituted as the plaint was brought by three persons as members of a firm and the decree was made in their favour. The appeal to the lower Appellate Court was against one of the members of the firm. It was not properly constituted there. But the objection does not appear to have been taken and the lower Appellate Court dismissed the appeal on the merits. Here the defendant has appealed making only one of the members of the firm as respondent. The appeal is infructuous, for even if a decree in favour of the person who is made respondent here is set aside the other plaintif s would be entitled to execute the decree to its full extent.

The appeal, therefore, is dismissed as improperly constituted with costs.


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