BROOKE BOND LIPTON INDIA LIMITED Vs. PRITHVI AGENCIES

JUDGEMENT

(1.) This is a summary suit under Order XXXIII, CPC for recovery of Rs. 9,35,506.93. The defendant No. 1 is the firm while the defendant Nos.2 to 5 were the partners. The defendant Nos. 2, 4 to 5 are stated to have expired and as such only defendant No. 3 is the surviving partner. The defendants are jointly and severally liable, and the plaintiff is not aware of the addresses or particulars of any of the LRs of other deceased defendants.

(2.) Vide order dated 29.8.2001, the defendant had been granted conditional leave to contest this summary suit upon making deposit of Rs. 5 lakhs. The said conditional order was never complied with, not even till elate.

(3.) There is also no appearance on behalf of the defendants, and the Counsel earlier appearing, has stopped appearing after informing about the demise of one of the defendants.