GOGAN RAM LACHMI NARAIN Vs. NARSANG DASS

JUDGEMENT

(1.) THIS is a plaintiff's appeal brought against an order of Mr- Pritam Singh Jain Senior subordinate Judge, Hissar, setting aside an award which was passed in favour oc the plaintiff in a suit brought against the defendants.

(2.) ON 3-11-1949 the plaintiff, a Joint Hindu family firm through Kunj Lal, Managing proprietor, brought a suit for the recovery of Rs. 12000/-and rendition of accounts against Narsang Das and his two sons Hazari Lal and Durga Dat, proprietors of firm Gobind Ram Narsang Das carrying on business at Ganga Nagar in Bikaner State. Of the defendants only Narsang Das appeared and proceedings were 'ex parte' against his two sons. An objection was raised that the Court had no jurisdiction to try the suit.

(3.) IN para. 9 of the plaint the plaintiffs asked the defendants to render accounts and to pay the money. In para 10 of the plaint it was alleged that the defendants lived in India. In the relief clause a decree was asked for against the defendants as individuals and there was no claim against the firm as such.