Case Note & Summary
The appellant, Manohar Kashinath Vyawahare, filed a Letters Patent Appeal against the order of the learned Single Judge dismissing his application for impleadment as a co-plaintiff in Regular Civil Suit No. 681 of 1998. The suit was originally filed on 25-6-1998 by the firm 'Parivar Real Estate' through its partner Smt. Pratibha Krishnarao Pitale. On 20-10-2003, the appellant filed an application (Exh.69) seeking to be impleaded as a co-plaintiff, claiming to be a partner of the firm. The application was allowed on 10-6-2005, but the amendment was not carried out by the original partner on record. On 30-5-2006, Pratibha Krishnarao Pitale died. On 15-11-2006, the respondents (defendants in the suit) filed an application for deletion of the appellant's name, which was allowed by the trial court. The appellant challenged this order before the High Court in Writ Petition No. 5200 of 2008, which was dismissed by the learned Single Judge. Hence, the present appeal. The Division Bench held that the appellant, being a partner of the firm, was entitled to be impleaded as a co-plaintiff under Order 30 Rule 4 CPC. The court observed that a suit by a firm is essentially a suit by all its partners, and the firm name is merely a compendious name for the partners. Therefore, no amendment of the plaint is required for adding a partner as a co-plaintiff. The court also noted that the application for impleadment was filed before the death of the original partner and was allowed, and the subsequent deletion by the trial court was erroneous. The appeal was allowed, the order of the learned Single Judge was set aside, and the appellant was directed to be added as a co-plaintiff in the suit.
Headnote
A) Civil Procedure Code - Impleadment of Partner - Order 30 Rule 4 CPC - Suit by Firm - A partner of a firm can be added as a co-plaintiff in a suit filed by the firm without amending the plaint, as the firm is not a legal entity but a compendious name for partners. The application for impleadment under Order 30 Rule 4 CPC is maintainable even after the death of the original partner who filed the suit, as the suit continues for the benefit of all partners. (Paras 4-6) B) Civil Procedure Code - Amendment of Plaint - Order 6 Rule 17 CPC - Impleadment of Partner - No amendment of plaint is required when a partner is added as a co-plaintiff in a suit by a firm, since the firm's name is merely a collective name for partners. The court can allow such impleadment without formal amendment. (Paras 5-6) C) Civil Procedure Code - Impleadment of Partner - Order 1 Rule 10 CPC - Suit by Firm - The provisions of Order 1 Rule 10 CPC are not attracted when a partner seeks impleadment in a suit by the firm, as the partner is already a necessary party. The proper provision is Order 30 Rule 4 CPC. (Para 6)
Issue of Consideration
Whether a partner of a firm can be impleaded as a co-plaintiff in a suit filed by the firm without amending the plaint, and whether the application for impleadment under Order 30 Rule 4 CPC is maintainable after the death of the original partner who filed the suit.
Final Decision
Appeal allowed. Order of learned Single Judge dated 14-1-2010 in Writ Petition No.5200 of 2008 is set aside. The appellant is directed to be added as co-plaintiff in Regular Civil Suit No. 681 of 1998. No order as to costs.
Law Points
- Order 30 Rule 4 CPC
- Order 6 Rule 17 CPC
- Order 1 Rule 10 CPC
- impleadment of partner
- suit by firm
- amendment of plaint
- co-plaintiff
