BRIJ MOHAN Vs. DINESH KUMAR AND ORS

JUDGEMENT

(1.) Brij Mohan defendant No. 3 having lost in both the courts below is in second appeal.

(2.) Dinesh Kumar respondent No. 1 - plaintiff filed suit against respondents No. 2 and 3 (State of Haryana-defendant No. 1 and Assessing Authority-defendant No. 2) and appellant Brij Mohan defendant No. 3.

(3.) Plaintiff's case is that he was working as servant with defendant No. 3-appellant since the year 1988 while the plaintiff was still minor. The plaintiff was being paid Rs. 400/- per month as salary which was later on raised to Rs. 800/- per month. Defendant No. 3 got registered Firm under the name and style of M/s Dinesh Trading Company depicting plaintiff to be sole proprietor thereof. However, business of the said Firm was carried on by defendant No. 3 himself. The plaintiff had no concern with any business transaction of the said Firm. Defendant No. 2 Assessing Authority, Haryana Rural Development Fund has assessed Rs. 1,86,060.40 as arrears of Haryana Rural Development Fund payable by the said Firm. The plaintiff has disputed his liability to pay the said amount alleging that defendant No. 3 is liable to pay the same.