JODH SINGH GUJRAL Vs. S KESAR SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the City Judge at Jammu dismissing the plaintiffs suit against defendants 2 to 4.

(2.) THE plaintiff is a dealer in petrol. He supplied petrol to the Hills Transport Co., Jammu which partnership firm. The suit was originally brought only against Mana Singh, the first defendant who was described as the proprietor of the Hills Transport Co. Subsequently, the plaintiff was permitted to amend the plaint and implead defendant2 to 4 as partners of the Hills Transport Co. The evidence adduced on behalf of the plaintiff showed that petrol was supplied to the firm of the which defendants are members. The City Judge, however, passed an ex parte decree against the first defendant and dismissed the suit against the other defendants. The plaintiff who is aggrieved by the dismissal of the suit against defendants 2 to 4 has come up in appeal.

(3.) AFTER this appeal was preferred, the first defendant got the ex parte decree against him set aside and the suit against him is now pending in the trial Court. The result is there is now no decree in favour of the plaintiff.