VAIKUNTH P MUNIM Vs. PRAHLADSHANKAR K SHUKLA

JUDGEMENT

(1.) THE plaintiff filed this suit against the defendants to recover a sum of Rs. 2,000, alleging that he was employed as a salesman by the Continental Garage to sell their Diesel Tracks. THE defendants were stated to be the owners of the said garage. THE suit was filed on January 21, 1939. On behalf of defendant No.2 a written statement and counter-claim was filed on February 15, 1939, in which the claim was disputed and it was contended that the plaintiff had wrongfully appropriated to himself the sale proceeds of a 10 H.P. new Adler Car. THE counter-claim was to recover the sale proceeds of that car.

(2.) THE parties thereafter made their affidavits of documents. That was the position when the war broke out in September, 1939. Defendant No.2 being an alien enemy has been put in an internment camp since then. THE plaintiff thereafter settled the suit with defendant No.1 and the suit has now to proceed against defendant No.2 only.

(3.) THESE observations clearly show that on the grounds mentioned therein an application for adjournment may be entertained.