RUP LAL Vs. GANESH NARAIN HATA DIN

JUDGEMENT

(1.) THIS is an appeal against the dismissal of an application under Section 13 of the displaced Persons (Debts Adjustment) Act No. 70 of 1951 by a Tribunal constituted under the Act.

(2.) THE application was filed on the 2nd of April 1952 by Rup Lal and Narain Dass appellants claiming a considerable sum of money from the respondent firm messrs. Ganesh Narain Hata Din of Bombay on the allegation that Rup Lal and narain Dass were displaced persons who formerly carried on business at a place now in Pakistan along with a third partner Arjan Singh, who was implead-ed as a pro forma respondent in the present application, and that the partnership business had dealings with the Bombay firm between 1945 and 1947 as a result of which the sum claimed in the application was dun from the Bombay firm to the partnership business. The applicants were residing and carrying on business at delhi and under the provisions of Section 13 of the Act they sought to enforce their claim against the Bombay firm which was not a displaced person and it was prayed that any decree to be passed should be not only in favour of the applicants but also of the third member of the partnership business who was impleaded as a respondent.

(3.) THE application was resisted by the Bombay firm on the ground that the claim was not within time and the preliminary issue was framed whether, assuming the petitioners to be displaced persons, the claim was within time. The present appeal is against the order of the Tribunal dismissing the application as barred by time.