CHOWRINGHEE PROPERTIES LTD. Vs. BRIGHT AND MC IVOR

JUDGEMENT

(1.) THIS is a suit for the recovery of possession of premises No. 16A Chowringhee Road, Calcutta. The suit was filed against the defendant described as Bright Mc Ivor carrying on business at 16A Chowringhee Road in the town of Calcutta within the aforesaid jurisdiction.

(2.) MR . Advocate -General appearing on behalf of the defendant raised only two issues :

(3.) THERE is a written statement filed on 22 -3 -1954. The written statement is described as one on behalf of the defendant, and it is signed as follows: 'Bright and Me Ivor by the pen of R.N. Poodar a person served as a Partner'. In paragraph 1 of the written statement it is alleged that the defendant is not a firm and the service of the writ of summons on R.N. Poddar as a partner of the defendant firm is wholly ineffective nor is R.N. Poddar a partner of the defendant firm. It is said that the said R.N. Poddar has entered appearance under the protest.