1950 (9) TMI 12

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....vil Original No. 38 of 1950 Mr. Bal Raj Tuli, learned counsel for Pandit Shiv Ram Sharma respondent, urges a preliminary objection that the petition ought to have been brought in the name and on behalf of the company in liquidation and not in the name of the joint liquidators. In the petition out of which these proceedings have arisen the petitioners are described as "Joint Liquidators of the City....

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....on Menkwa Kabushiki Kaisha, Lord Russell of Killowen said : " The liquidation could make no difference in this regard : the claim of the plaintiffs was a claim against the bank, and not against the liquidators. The change which was brought about by the liquidation in regard to the suit was merely this, that in the conduct of their defence the bank would, before liquidation, act through the directo....

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....tor, Himalaya Bank Ltd., in liquidation." In allowing amendment of the plaint Edge, C.J., (Enox, Blair, Banerji, Burkitt . and Aikhan, JJ., concurring) said: " In my opinion, if there was a defect in the description of the plaintiff in the suit originally, the amendment did not bring a new plaintiff into the suit, and did not bring into operation section 32 of the Act XV of 1877." Section 179 (....