KEDARNATH MATTULAL VAISH Vs. BABOOLAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 21-3-1975 of the Third Civil Judge, Class II Gwalior in Civil Original Suit No. 255A/73.

(2.) The material facts necessary to decide this revision petition briefly stated are these. The applicant No. 1 was defendant No. 2 and applicant No. 2 was defendant No. 1 in the trial Court. The non-applicants (Plaintiffs) brought a suit against these applicants for ejectment and arrears of rent contending inter alia that the suit premises were taken on rent by applicant No. 1, in the trade name "M/s. Mattulal Kashinath", that he is carrying on Kirana business in it. It is also averred in the plaint that possibly applicant No. 2 might be a partnership firm in which applicant No. 1 and some others may be the partners. The relevant averments to this effect are set out below: ..(VERNACULAR MATTER OMMITED)..

(3.) The service of the summons be ing effected on applicant No. 2, he filed a written statement on behalf of himself con-trovertmg the plaint allegations wheirein be inter alia contended that the applicant No. 2 is a Joint Hindu family firm of which Kashi-nath is the Manager; that he has no concern with it and that he has been unnecessarily sued.