TEXDYES CORPORATION Vs. SATISHKUNMAR G MALIK

JUDGEMENT

(1.) The present appeal is filed being aggrieved by and dissatisfied with the judgement and decree dated 30.11.1981 passed by the learned City Civil Judge, Ahmedabad in Civil Suit No.1829 of 1977. The suit was filed by the present respondent-- original plaintiff to recover arrears of salary, conveyance allowance, commission, etc. totalling to Rs.12,861=67 paise. The learned Judge after taking into consideration the rival contentions of both the parties was pleased to raise issues which are in para 6 of the judgement. Issue no.4 is as under:

(2.) . Thus, it is clear that an error has crept in while passing final order, as in reply to issue no.4 a finding is recorded to the effect that defendant no.3 is not a partner of defendant no.1 firm, this has not been taken into consideration while passing the final order.

(3.) . Mr.Desai, the learned advocate though argued the matter at length and tried to assail the judgement of the learned Judge on other points too, he could not successfully assail the same. Except the aforesaid contention, no other contention raised by Mr.Desai is found acceptable. This is the only contention which is found acceptable and is accepted. The First Appeal is allowed to the limited extent of modifying the judgement and decree of the learned Judge of the City Civil Court, Court No.17, Ahmedabad. The plaintiff to recover the amount from defendants no.1 and 2 only. The suit against defendant no.3 is hereby dismissed.