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MahendraKumar.H.Trivedi (Valuer)     10 May 2019

Contempt under 39 2a

Sirs, I am facing declaration suit of a disputed plot as a defendant Plaintiff P1 an unregistered firm. P2 : partner of the firm who died before suit came on to board and no legal heir named. P3 Surviving partner. P3 filed contempt application under 39 2a after giving witness statement as a partner. Almost after 9 years and now claiming possession, where as in main suit plaintiffs falsely stated that they had possession. My lawyers perhaps due to nexus at place have not so far replied contempt application and not objected to continuation of suit as contract was in the name of the firm and firm only. Firm had only two partners and one dead. My query is? 1. Should not suit abate on death of one partner and no legal heir named. 2. Can Court consider contempt application in the name of the firm when signed by one applicant. In a peculiar case one issue reads does P2 ( dead partner) that he is the partner of the firm. Where as he died before framing of the issues. I have not been given notice till. Is the suit and contempt application tenable.

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