High Court Patna High Court - Orders

M/S Dwarika Prasad &Amp; Sons vs The East Central Railway &Amp; Ors on 20 July, 2010

Patna High Court – Orders
M/S Dwarika Prasad &Amp; Sons vs The East Central Railway &Amp; Ors on 20 July, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.7170 of 2005
                            M/S DWARIKA PRASAD & SONS
                                          Versus
                         THE EAST CENTRAL RAILWAY & ORS
                                        -----------

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. )