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july 1984

Supreme Court of India · 1984-07-27

CHHOTELAL PYARELALTHE PARENERSHIP FIRM AND ORS. vs SHIKHARCHAND

Citation / case number
SC 1984/68379
Court
Supreme Court of India
Petitioner
CHHOTELAL PYARELALTHE PARENERSHIP FIRM AND ORS.
Respondent
SHIKHARCHAND
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court held that an application for eviction under the C.P. and Berar Letting of Houses and Rent Control Order, 1949, is maintainable against a partnership firm, despite the firm being sued in its name rather than the individual partners. The Court clarified that the misdescription of the respondents can be corrected at any stage of the proceedings, allowing the addition of the partners' names to the application. The Court upheld the Division Bench's ruling and remitted the case back to the Rent Controller for necessary amendments.

CHHOTELAL PYARELALTHE PARENERSHIP FIRM AND ORS. vs SHIKHARCHAND · Niyam