Court : Mumbai
Decided on : Sep-08-1933
Reported in : AIR1934Bom171; (1934)36BOMLR290
..... the aforesaid reply, specific performance was refused and that as no date for specific performance was fixed in the document, time began to run under article 113 of the indian limitation act from the date when plaintiff no. 2 had notice that performance was refused, that is to say from october 2, 1915. it was, however, contended on behalf ..... no. 2 very soon after it was received by his vakil. having regard to what has been stated above, i agree with both the lower courts that the amended claim for specific performance is time-barred.16. it was argued on behalf of the respondent that the document, containing the agreement to reconvey, contained merely a standing ..... suit, and that, as a consequence, there could be no objection to allowing specific performance to either of the plaintiffs. reference was made i in this connection to the amendment-application made to the district court in 1924. but in this case plaintiff no. 2 has already parted with his interest and plaintiff no. 1, who is the .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-1933
Reported in : AIR1934Bom178; (1934)36BOMLR327
..... have been allowed and the suit proceeded with. as observed by jacob j. in guruvayya's case, such an amendment would not attract the operation of section 22 of the indian limitation act. 15. having regard to what has been stated above, i reverse the decree of the lower court, allow the appeal, and send the case to the trial court ..... s brother and uncle placed on the record either as co-plaintiffs or as defendants to ensure the defendant against the possibility of the plaintiff's acting without authority and the plaintiff was allowed to amend the plaint by making the other members of the family parties to the suit and the case was remanded. the procedure, thus adopted, was ..... to be disposed of on merits (after amending the record as prayed for by the plaintiff) on all points except .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-1933
Reported in : AIR1934Bom79; (1934)36BOMLR47; 150Ind.Cas.478
..... judgments to the difference between the title and preamble in the two acts. the english act is intituled 'an act for amending and consolidating the enactments relating to arbitration'. on the other hand the indian act is intituled 'an act to amend the law relating to arbitration,' and the preamble states that 'it is expedient to amend the law relating to arbitration by agreement without the intervention of a ..... to refer to arbitration by a verbal agreement was in existence in india at the date when the indian arbitration act was passed. in those circumstances the indian arbitration act to amend the law relating to arbitration was passed. section 2 deals with the scope of the act and provides that 'it shall apply only in cases where, if the subject-matter submitted to arbitration were .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-06-1933
Reported in : AIR1934Bom467; (1934)36BOMLR983
..... is to be treated as if the single proprietor so trading constituted a firm for the purpose of order xxx, although under the definition of a firm under the indian contract act there can be no firm unless there are at least two partners. if the case of a single proprietor is to be treated as a firm for the purpose ..... mr. amin has applied that if the court is against him on the merits of his contention, it should allow the plaintiffs to amend the plaint. i grant this application. the plaintiffs are given liberty to amend the plaint and proceedings by inserting the name of hemraj shivlal as party defendant in place of the firm laxmandas shivlal. the plaintiffs must ..... ; pay all costs occasioned by this amendment including the costs of to-day's hearing and of making the amendment. the defendant to be added is given liberty to file fresh points of defence. if no amendment is made within a week from this date, the suit is to be placed on board .....
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