IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6 of 2011 M/S KHETAN BROTHERS . Versus THE STATE OF BIHAR & ORS . ----------- 02. 04.05.2011 Learned counsel for the petitioner has challenged the order dated 04.12.2010 on the ground that there is no provision to add the party in the execution proceeding. Therefore, the court-below has fallen into error in adding the respondents as decree-holder. His further contention is that the decree was in favour of the firm. Firm is a drastic person and it constituted by its partner and any member of the firm can bring a suit for accounting. The suit was filed in the name of firm through him and other two brothers. Thus, in execution proceeding they are entitled to the benefit of the decree of suit in favour of the firm. Learned counsel for the petitioner does not deny that the membership had based on by succession. Learned counsel for the petitioner could not bring any provision of the agreement, by which the membership by succession is denied. Admittedly, the suit was filed by the firm through the father of the applicants and the uncle. Petitioner’s intention appears to be to grab the 2 share of his brother. Thus, the order has been passed keeping in view to avoid the injustice to be caused to the applicants under Sections 226 & 227 of the Constitution of India. Thus, the order impugned cannot be interfered with. Accordingly, the petition is dismissed. Mkr. (Prakash Chandra Verma, J)