RAMESHWAR LAL Vs. GULAB CHAND

JUDGEMENT

(1.) THIS is an appeal against an order of the learned Civil Judge, Balotra, dated 28. 7. 1955 directing return of the plaint.

(2.) THE plaintiffs Ramkaran, Bhanwarlal, Remeshwar Lal, Ramrakh and Jasraj instituted a suit in the court of Civil Judge, Balotra, on 12. 3. 1951, against Gulab Chand, a resident of Kanpur, on the following allegations: THE plaintiffs Nos. 1 to 4 carried on business at Karachi in the name and style of Ramkaran, Bhanwarlal. Owing to disturbances following the partition of the former Dominion of India, the plaintiffs being Hindus had to close their shop at Karachi, which became part of Pakistan, and came to Balotra as displaced persons, and had been living there as such. It was alleged that the defendant had a shop at Kanpur under the name and style of Nanagram Chauthmal. It was alleged that the plaintiff's firm at Karachi had certain dealings with the Kanpur firm, as a result whereof the plaintiffs were entitled to recover Rs. 5,147/6/6 inclusive of interest on their claim. THE grounds on which the suit was instituted in the court of Civil Judge, Balotra, were - (1) That the defendant had agreed to remit the amount at Balotra; (2) That it was the duty of the debtor to find out the creditors who lived at Balotra; (3) That the plaintiffs Nos. 1 to 4 had assigned one-fourth of their claim to Jasraj at Balotra; (4) That the plaintiffs were displaced persons, and entitled to institute the suit where they were residing. (Paras 8 and 10 of the plaint ).