Summons issued wrongly who is not party in execution petition
PRAKASHCHANDRA MARU
(Querist) 11 October 2015
This query is : Resolved
Hello all learned friends,
Special civil suit was lodged against defendants by plaintiff for recovery of amount of ijara which are recovered by defendant no 1 & 2 against law from plaintiff.
In the above stated suit court declared judgement against defendants but defendants not paid any amount to plaintiff in original decree
Thereagrer, plaintiff lodged execution petition against defendants (defendant no 1 and 2 are different type partners in suit and individual defendants in suit)
Now there are two defendants. Defendants no 1 was served by court properly but in the summons of court bearing for model 7 supplementary E schedule 1.Defendants no -2 served by court wrongly and in the name of execution petition name of defendant no 2 is also written wrong.
Real fact is that defendant no-2 in execution petition is a son of defendant no – 2 who is defendant no -2 in original suit but the summons of execution petition was served the son of defendant no-2 instead of name of his father (son of defendant no-2 in execution petition is no party in the suit and also not in the execution petition)
Name of partherns hip firm is shown in summons is absolutely correct but in summons name of son is stated instead of name of father
Note : 1 in the partnership firm there is present defendant no -2 (To whom summons served )is not partners of the current partnership firm
2 The other partners are alive of deed of partnership but instead of serving the each and every partner court summons defendant no -2 only in the name of his individual and really is not partner of the partnership firm and was also not party in the original summons.
3 The original defendant 0f the suit is to whom not served summons is alive and is the father of defendant no – 2 of execution petition.
4 Now i would like to discharge defendant no-2 as per execution petition as partner who is really not partner in partnership firm and was not party in the said civil suit and not party in the execution petition under which rule and section i have to file application for delete the person as defendant no -2 (to whom wrongly served summons. )
5 The partnership firm is not registered with any registered firm of partnership.
Pls suggest me
Regards.
R.K Nanda
(Expert) 12 October 2015
query too long.
Rajendra K Goyal
(Expert) 12 October 2015
For an unregistered firm how would you prove the names of partners?
If any person is not JD execution can not be filed against him.
