Saji varghese (manager) 19 January 2010

Review

Hello Everybody,

I face a peculiaer problem.We as a pvt ltd company filed a case against an unregistered company (they posed as partners during dealings) as partnership firm.The summons could not be served to 2 defendants and steps could not be taken and suit against two were dismmisssed.but suit against firm and one of the partners carried on.While filing W/s the defendants disclosed that its a propreitory firm with ione of them as proprietor(suit was dismmissed against him earlier for non steps as mentioned earlier).My lawyer applied for an amendement petition for adding the defandants as propreiotrs rather than partners.also a few details of payments made by defendants was added in amendment plaint.The amendment was carried out.The defendant lawyers didnt turn up on hearing dates.Now they have come up with a plea to review the order of amendment saying that changing from partnership to propreitorship is cahnging nature of the case .Any idea whether it can be reviwed and quashed as amendment has already been carried out.Thanks in advance.Also a petiton for restoration of suit against proprietor is also filed.will it stand .

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R.R. KRISHNAA (Legal Manager) 19 January 2010

I think you would have filed suit thinking that the defendants were partners but after the suit only you came to know that they were proprietors. If such be the fact, you can very well take the stand that it subsequently came to our knowledge that the defendants were in fact proprietors and hence the amendment is necessary and the amendment is not going to change the relief or cause of action but merely alters the legal status of the defendants. Hence it is a permissible amendment.

In a very similar case M/s Prem Mech Engineers Vs M/s Asmarar Private Limited 2000(3) LW 575 the High court has permitted the party in the case to be amended from Private limited company to Partnership. It applies to your case squarely.

Mere descripttion of a party owing to bonafide mistake permitted to be amended. Umakanthan Vs PMAN Bheemaraja Nadar 1999 (2) LW 282.

Take the assitance of the two cases referred above and argue the review petition filed by the opponents. Certainly the amendment made will be retained. I wish you good luck.

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