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:<img>C:\program Files\regentdatatech\image\np_(1)_106_mplj_1976.jpg</img>

(3.) THE service of the summons being effected on applicant No. 2, he filed a written statement on behalf of himself controverting the plaint allegations wherein he inter alia contended that the applicant No. 2 is a joint Hindu family firm of which Kashinath is the manager; that he has no concern with it and that he has been unnecessarily sued.