BANGSHIDHAR GHANSHYAMDAS AND ANOTHER Vs. JALIM CHAND SERAUGI

JUDGEMENT

(1.) THIS appeal by the plaintiffs is directed against the judgment and decree passed by the Subordinate Judge. Gauhati, in Title Suit No. 23/63. The plaintiffs are 4 in number. Plaintiffs Nos. 1 and 2 are two partnership firms and 3 and 4 are their partners. Plaintiff No. 3 is the son and plaintiff No. 4 is widow of late Ghanashamdas Bhagat.

(2.) THE plaintiffs' suit was for declaration that the decree in Money Suit No. 44 of 1953 (Money Suit No. 52/60) of the Court of Additional Subordinate Judge. L. A. D. at Gauhati is "void inoperative and unenforceable and nullity" and is not binding on the plaintiffs. The plaintiffs also prayed for an injunction.

(3.) THE defendant has filed a written statement and contested the suit. The defence inter alia is that the suit is not maintainable and that it is barred under Section 47 of the Civil Procedure Code.