GORDHANDAS KALYANJI BHAT Vs. GAUTAMCHAND RUPCHAND

JUDGEMENT

(1.) This is a rule taken out by one Gautamchand Rupchand, a partner in the defendant firm, calling upon the plaintiff to show cause why the decree passed in this suit on August 19, 1924, should not be set aside. The rule is taken out on the basis that the said decree was obtained ex parte.

(2.) The defendant firm, according to the said Gautamchand Rupchand, consisted of two partners, Gautamchand Rupchand and Dwarkadas Premji. The plaintiff is the tenant of a shop in the Mulji Jetha Market. He sub-let a portion of the shop to the defendant firm and filed this suit to recover from the defendant firm the arrears of rent for the said portion of the shop. The summons was served upon the said Dwarkadas Premji. He appeared at the hearing and admitted the plaintiff's claim. A decree was thereupon passed in favour of the plaintiff.

(3.) In his affidavit in support of the rule the said Gautamchand Rupchand alleges that the partnership was dissolved in November 1923, and further that the plaintiff was aware of the said dissolution and with the knowledge of such dissolution he served the summons on the said Dwarkadas Premji, that the said Dwarkadas Premji in collusion with the plaintiff did not inform the said Gautamchand of the filing of the suit and allowed the decree to be passed ex parte; and that the said Gautamchand did not come to know of the decree till after the same was passed.