SARDAR BALWANT SINGH Vs. BISHAN SAHAI OM PRAKASH

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Allahabad High Court.

(2.) The appellant is a displaced person who was formerly doing business at Lyallpur, now in Pakistan, as a Banker, Commission Agent and clearing agent under the name and style of M/s Narain Singh Sunder Singh. Respondents 2 and 3 are residents of Amritsar. According to the appellant they carried on their business there under the name and style of Messrs. Bishan Sahai Om Prakash who is respondent No. 1. The appellant had business dealings with this firm previous to the partition of the country. The claim of the appellant was that as a result of those dealings there was an outstanding balance of Rs. 39,414/6/6 payable by the respondents to the appellant together with interest at 6% per annum.

(3.) On October 11, 1952 the appellant, who resides at Mathura, filed an application in the court of Civil Judge, Mathura, under section 13 of the Displaced Persons (Debts Adjustment) Act, 1951; hereinafter called the 'Act', for the recovery of the aforesaid amount. By a written statement filed on behalf of himself and respondent No. 1, respondent No. 2 inter alia, took up the plea that he was the sole proprietor of respondent No. 1 and he alone was doing business with the appellant. Respondent No. 3 had nothing to do with the firm. He made a counter claim for a sum of Rs, 47/,568/10/3 against the appellant it was asserted by him that he himself was a displaced person under the provisions of the Act and therefore the court had no jurisdiction to entertain the application under S. 13, Respondent No. 3 pleaded in his written statement that he was a resident of Bombay and was doing business there and that he had nothing to do with respondent No. 1 which was the business name of respondent No. 2