MULCHAND SERAOGI Vs. SUALAL HARIPRASAD FIRM AND ORS.

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Sri R. Hazarika, Subordinate Judge, Upper Assam Districts, dated 30 -9 -53, by which he disallowed the petitioner's application, dated 7 -9 -53, for setting aside an order dismissing the suit lor non -prosecution passed on 9 -7 -53. The case came up for evidence on 8 -7 -53. Sitaram Seraogi, one of the two plaintiffs, was examined on 8 -7 -53, but his examination was not concluded, and on 9 7 -53 the plaintiffs applied to withdraw from the suit.

(2.) THE suit was for recovery of a sum of Rs. 11,350/ -. It was instituted jointly by Mulchand Seraogi as Karta of the joint family and Sitaram Seraogi, a junior member of the family.

(3.) ON behalf of the petitioner, their learned Counsel, Mr. Goswami, has assailed the validity of the order passed by the learned Subordinate Judge on both the points raised in the petition and dealt with by him in his order of 30 -9 -53.