GORAPALLI PARADESHI Vs. HINDUSTAN CHAINS PVT LTD

JUDGEMENT

(1.) Judgment-debtor is before this Court in appeal and revision against the same order rejecting his application under Section 47 of the Code of Civil Procedure. The appeal in my view does not lie and is accordingly dismissed and the Civil Revision is entertained for disposal on merit.

(2.) Opposite party obtained a decree in Civil Suit No. 865 of 1971 in the Court of the Munsif at Ghaziabad against M/s. Padmashree Metal Mart and after the said decree was transferred along with a certificate of non-satisfaction from the court which passed the decree to the District Judge, Koraput, execution was levied in the court of the Subordinate Judge at Jeypore in E. P. No. 307 of 1976 wherein in the column of judgment-debtor, "M/s. Padmashree Metal Mart, Main Road, Prop. Sri Gorapalli Paradeshi, PO/ PS Jeypore, Koraput Dist." was shown. An objection was filed by the Proprietor to the following effect;-

(3.) Padmashree Metal Mart is not a partnership firm, but Gorapalli Paradeshi has been carrying on business in the name and style of the firm. Rule 10 of Order 30 of the Code of Civil Procedure which provides as follows is, therefore, directly applicable.