CENTURY TEXTILES INDUSTRIES Vs. DEEPAK JAIN

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment and order dated 18th November, 2004 rendered by a learned Single Judge of the High Court of Madhya Pradesh at Jabalpur, in Civil Revision No. 364 of 2004 filed under Section 115 of the Code of Civil Procedure, 1908 (for short the CPC ). By the impugned judgment, the learned Judge allowing the Revision Petition has set aside the order passed by the Second Additional District Judge, Jabalpur in Execution Case No. 2 of 2004, whereby and whereunder he had held that the objector Deepak Jain and D.K. Jain are the same person and proprietor of M/s Surya Trading Company--the judgment debtor.

(3.) Shorn of unnecessary details, the case of the appellant, in brief, is that it is engaged in the business of manufacture of cement. It required the services of Clearing and Forwarding Agents. Respondent No. 1, namely, Deepak Jain applied for the said agency in the name of a proprietary concern M/s. Deepak Jain at 743, Sarafa Bazaar. In the application, he gave the reference of his father Shri S.C. Jain, Advocate, 744, Sarafa Bazaar. Both the properties, namely, 743 and 744 at Sarafa Bazaar are stated to be ancestral properties of Deepak Jain/D.K. Jain. The said respondent operated a Bank Account No. 454 with Punjab & Sind Bank for his dealings. He also had another account No. 453 with the same branch of the bank operated under the name and style of "M/s Surya Trading Company, Proprietor, D.K. Jain", respondent No. 2 in this appeal.