BALLORAM Vs. FIRM SETH UTTAMCHAND BISHANDAS

JUDGEMENT

(1.) THIS is a plaintiffs' revision against an appellate order of the District Judge, Bharatpur, dated 8th September, 1955, dismissing the plaintiff-petitioners appeal and maintaining the order of the Civil Judge, Bharatpur dated 22nd November, 1954 returning the plaint for presentation to the proper court.

(2.) THE facts of the case broadly stated are as follows: - THE plaintiff-petitioners, Balloram and Varyamal claim to be the proprietors of a firm Bansiram Balloram which at one time carried on business in Sibi Baluchistan, now a part of Pakistan. THE defendant-non-petitioner no. 1, Seth Uttamchand Bishandas is a firm carrying on business as commission agents and bankers at Meerut in Uttar Pradesh. THE defendants no. 2 to 6 who are non-petitioners in the revision petition, viz. Kishandas, Ramdas, Pehumal, Tekchand, Joturam and Jethmal, are said to be its partners.

(3.) THE ground based upon a special agreement cannot be pressed in this revision as it involves a pure question of fact. THE findings of the courts below must be taken as binding and cannot be allowed to be agitated in revision.