Case law
M.Sheik Mohammed Ali
(Querist) 15 March 2012
This query is : Resolved
dear experts,
One of my client facing Money suit at city civil court past 6 years, now i want challenge the case, so could you give me any case law. Fact of the Case. one party (plaintiff) sell the good to my client ( defendant), the defendant half of the payment , and balance amount was not pay to plaintiff, so plaintiff immediately file OS against defendant, now when he issue a notice , and mentioned he is partner, after filling he is proprietor, so how can he claim a partner conduct a OS as proprietor so any one of give me a case law.
ajay sethi
(Expert) 15 March 2012
it appears your client has filed summray suit against defendant to recover outtsanding dues as defendant has failed to make full payment .
it appears that before filing suit legal notice was issued . in reply to legal notice defendant has contended that it is a pratnership firm .
however in its written statement it has contended that it is proprietorship .
ask defendant to furnish detailed particualrs as to when partnership was dissolved etc .
you may have to subsequently amend your plaint
