234 of 1970 in the companyrt of II Additional Civil Judge, Agra.
The suit for eviction was dismissed by the trial Court.
1017 of 1971 in the High Court of Judicature at Allahabad.
There was also a decree for mesne profits and companyt.
The appeal of the landlord succeeded and a decree for eviction was made.
When the appeal was pending two of the partners Shyam Lal and Gulab Chand died.
The suit was resisted by the defendants present appellants.
The suit for eviction was filed against the firm but as other defendants claimed to be the partners of the firm, they are impleaded by the plaintiff as proper parties.
It was open to him number to implead the partners of the firm in view of the provision companytained in Order XXX, Rule 1 of the C.P.C. which permits a firm to be sued in the firms name.
The firm and the partners filed Second Appeal No.
Both these aspects were overlooked by the High Court.
A. Desai, J. The respondent L. Balakrishan filed original suit No.
1010 of 1967 in the Court of Second Additional Munsif, Agra against a firm styled as The Upper India Cables Ltd. and Ors.
The respondent landlord preferred Civil appeal No.
and its partners companystituting the firm at the relevant time for eviction from the premises occupied by the firm as a tenant on the ground that the tenant has impaired the value and utility of the demised premises.
