KISHAN RAM Vs. GHEWAR CHAND

JUDGEMENT

(1.) THIS is an appeal against the order of the learned Senior Civil Judge, Merta dated 16. 10. 57 passed under O. 11, R. 21, Code of Civil Procedure striking off the defence of the appellants.

(2.) THE circumstances which give rise to this appeal may be briefly stated as under: - A suit was instituted by Ghewar Chand, Magan Mal and Sheo Prasad against the defendants Ram Jeewan, Harjee Ram and Kishan Ram for recovery of Rs. 10,000; -. THE defendants who are appellants before us represent the Jochina Co-operative Sale and Supplies Society Ltd , a federation of several Co-operative Societies of which the defendants are the presidents. THEy were appointed as the Whole-sale-Importer of cloth for Nagaur and Deedwana Tehsils. It being a big business the defendants looked out for some financier. Eventually they entered in to an agreement with the plaintiffs for financing this business. Some 'arhat' was agreed upon between the parties. According to this agreement, the plaintiffs claimed Rs. 10,000/- against the defendants in this suit. THE defendants denied these allegations. THEy have also filed a cross suit against the plaintiffs in which they have claimed a sum of above Rs. 80,000/-being payable to them on account of the above transactions and the two suits have been ordered to be consolidated. THE plaintiffs presented an application under O. 12, R. 4 and O. 11 R. 2 Civil Procedure Code in the nature of interrogatories requiring the defendants to answer certain queries. On 1. 3. 57 defendants Harjiram replied to the interrogatories and the remaining two defendants filed their reply on 13. 3. 57.

(3.) IN the circumstances of this case in our opinion the lower court was in error in applying the penal provisions of order 11 Rule 21. This appeal is, therefore, allowed. The order of the learned Civil Judge, Merta dated 16th October, 1957, is set aside. The appellant will get his costs from the respondent. The records may be sent to the learned Civil Judge, Merta as early as possible for disposal of the suits according to law.