Sir
As the subject of the suit is not clear it not possible for me without looking into the papers and partnership deed and the knowing who are the new partners.
And the first suit was dismissed in 1995 and revived in 2015 is not matching.
Thanks
Case dismissed
There was suit filed by the landlord along with a lessee an partnership firm against us tenants in 1984. the case was of concurrent lease and it continued till the demise of the landlord. in 06.04.1995 the suit was dismissed as none of the legal heirs of the landlord were willing to be substitued. on 01.09.2015 the (lesse)partnership firm where most of the partners expired or retired was reconstutited by a third party and they revived the suit revoking sec 109 of transfer of property act. the legal heirs of the landlord again have refused to be substituted. the lessee partner ship firm is the plainiff my question is can this be done a suit dismissed again revived and once done how can we address our grevances. can a partnership firm be reconstituted when none of the partners are in the firm.
Asked 8 years ago in Civil Law
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7 Answers
Suit was dismissed in 1995
2) there is delay of 20 years in filing application for setting aside order of dismissal
3) under the Transfer of Property Act (the T.P. Act), the transferee acquires all the rights, of his transferor
4) lessee can as transferree can revive the suit but delay of over 20 years may not be condoned by court
The suit dismissed for default in the year 1995 can not be revived in the year 2017.
There must be gross irregularity or the actual turn of event are not properly reported here,
So if you show the papers related to the documents I can advise further and provide line foa ction.
If you need further assistance on defending the suit with proper strategy to counter this suit, you may feel free to contact.
1. A suit dismissed suit dismissed on the ground of non prosecution can be revived later on.
2. The said dismissed suit can also be revived by the successors/new partners of the suitors.
3. First contest the revival prayer.
4. If it is allowed, contest the case on its merit./
5. Engage a lawyer having expertise in this field.
The case has been recayafter 20 year, challenge this order before the appellate court, it being barred by time.
Also before recalling the order you should have been given the opportunity of hearing.
Regards
Dear Client,
Suit was not dismissed on merit but on failure to be substituted , hence maintainable. ( Dismissal Order ? )
Terms of the partnership is important and if all the partners died/retired before reconstitution than its not valid as it is already dissolved.
Terms of previous partnership needed for better solution.
The partnership deed is to be read and understood about the conditions of running the partnership firm after the death of the partners.
If the firm can be run by new partners then they have rights to file this restoration petition.
They can fight the case on behalf and in the interest of the partnership firm
