NATHUMAL HIMATLAL Vs. KUNJILAL MATHURAPRASAD

JUDGEMENT

(1.) THIS revision is directed against an order passed by the Civil Judge First Class, Shivpuri under Section 151 of the Code of Code of Civil Procedure setting aside the decree which had been passed in Civil Suit No. 15 of 1955 on January 3, 1956. This suit was instituted on September 9, 1955 by Kunjilal and Mahesh Prasad against Nathumal on the allegation that the Defendant had borrowed Rs.1,071 on April 17, 1953 and Rs.2,500 on May 1, 1953 and had executed bonds in favour of the Plaintiff for those amounts.

(2.) NOVEMBER 25, 1955 was fixed for the Defendant's appearance. As he was not served, 31st December was fixed. The process was not served again and so February 3, 1956 was fixed. However, between the last mentioned two dates the suit was dismissed on January 3, 1956 by the following order:

(3.) IN the meantime, on February 23, 1956 the Plaintiffs' moved the trial Judge under Section 151 of the Code of Code of Civil Procedure on the ground that the suit pertained to personal transactions and had nothing to do with the firm Phoolchand Mathura Prasad and that Raghunath Das was not an attorney for the Plaintiff namely, Kunjilal and Mahesh Prasad. His action in getting the suit dismissed was unauthorised and fraud had been practised upon the Court. As such, the order dated January 3, 1956, dismissing the suit was null and void and, therefore, should be set aside.