VIMALKUMAR NATHMAL GOENKA Vs. VINOD KUMAR NATHMAL GOENKA

JUDGEMENT

(1.) HEARD Shri Shelat, the learned counsel for the applicant (original defendant No. 3) at length. This Court on 5-5-1998 issued rule and the same was made returnable on 15-6-1998. The learned counsel submitted that the non-applicants were served by hamdast. Even otherwise, the note of office of this Court also shows that the non-applicants were served. However, none appears for the non-applicants.

(2.) THE learned counsel for the applicant submitted that the present applicant is the original defendant No. 3 and non-applicant No. 1 Vinod Kumar is the plaintiff. Applicant Vimal Kumar and non-applicant Nos. 1 Vinod Kumar and 3 Vimal Kumar are the real brothers. Non-applicant No. 4 Smt. Gulabdevi is mother of applicant and non-applicant Nos. 1 and 3. It is further submitted that non-applicant No. 1/original plaintiff filed Special Civil No. 284/95 against the present applicant and others for recovery of amount of rupees two lacs and seventy thousand.

(3.) THE non-applicant No. 1/plaintiff is a lessor and co-owner of Ginning and Pressing Factory situated at Adilabad (Andhra Pradesh ). He is having 1/4th share in the entire Ginning and Pressing Factory and he is the owner and landlord in respect of 1/4th share in the suit property. The present non-applicant No. 2 is a partnership firm of which present applicant and non-applicant Nos. 3 and 4 are its partners. The partnership firm is carrying on its business at Adilabad and Akola and offices of the said firm are situated at Adilabad and Akola.