IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7170 of 2005
M/S DWARIKA PRASAD & SONS
Versus
THE EAST CENTRAL RAILWAY & ORS
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31. 20.7.2010 I.A.No.6030 of 2010
The interlocutory application has been
filed for substitution of the name of the existing
partner of the petitioner firm, namely, Smt.
Lakshmi Devi in place of Deo Mani Prasad through
whom the writ petition was filed since it is
stated that the said partner, Deo Mani Prasad, has
died on 17.5.2009.
It is stated in the interlocutory
application that Smt. Lakshmi Devi was one of the
three partners of the firm M/s. Dwarika Prasad and
Sons which had filed the writ petition and the
other two partners have died including the partner
Deo Mani Prasad through whom the firm was
represented in the writ petition. Additionally, it
is stated that Smt. Lakshmi Devi is also the widow
of the deceased, Deo Mani Prasad. The petitioner
firm is a registered partnership firm bearing
registration No.70/1989 under the provisions of
the Indian Partnership Act, 1932.
It is also pointed out that on account of
Smt. Lakshmi Devi remaining the sole surving
-2-
partner, the partnership has been reconstituted by
inducting one Smt. Sangita Kumari, daughter of
Deomani Prasad on 8.7.2010, for which an
application has also been made before the
Registrar of Firms, Government of Bihar on
12.7.2010.
In view of the aforesaid facts and
circumstances, the prayer for substitution of Smt.
Lakshmi Devi in place of Deo Mani Prasad through
whom the petitioner firm is to be represented is
allowed.
It is directed that the name of Deo Mani
Prasad shall be expunged and in his place Smt.
Lakshmi Devi shall be substituted as the partner
through whom the petitioner firm shall be
represented in the writ petition.
I.A. No.6030 of 2010 is, accordingly,
disposed of.
Put up on 29.7.2010 along with the records
of C.W.J.C. No.9725 of 2005 and its analogous
cases disposed of on 19.7.2010.
VPS ( Ramesh Kumar Datta, J. )