BHOJUMUL SONS Vs. SHREE RAMA TRADING CO

JUDGEMENT

(1.) B. C. MITRA, J. :- This appeal is directed against an order dated January 9, 1967, dismissing the appellant's application for setting aside an ex parte decree passed against the appellant and also for condonation of delay in filing the application.

(2.) THE suit out of which this appeal arises, was filed on August 31, 1965, for a decree for Rs. 6000/- for damages for breach of contract. The returnable date of the Writ of summons having expired, a fresh Writ was issued on December 22, 1965, with liberty to serve the writ of summons upon the appellnat by registered post. On May 30, 1966, an affidavit of service by registered post on the appellant was affirmed by an Assistant of the Sheriff's office. From this affidavit it appeared that the writ of summons together with a copy of the plaint and a notice were sent to one Kishin Chand at 57, sanyojitganj, Indore, M. P. , and that an undelivered packet marked "refused" was received at the Sheriff's office. The second defendant in the suit was the broker in the transaction and he duly filed his written statement in which he admitted the alleged agreement dated January 30, 1965, and further stated that he acted as a common broker in the transaction. The suit appeared before Ray, J. , on June 20, 1968, when the plaintiff withdrew the suit as against the defendant No. 2 and an ex parte decree was passed against the appellant for Rs. 6000/- and costs as of an undefended suit.

(3.) THE appellant who was defendant no, 1, in the suit is a partnership firm and carries on business at No. 175, samuel Street, Bombay, as well as at nos. 14 and 57, Sanyojitaganj, Indore, and Kishin Chand B. 'manghnani one of the partners of the appellant was iin charge of the management of the appellant's Bombay office.