Judgment

SHAH, J. : M/s. Johri Mal Prahlad Rai-hereinafter referred to as the plaintiffs -commenced an action against M/s. Tirhut Umbrella Works (A firm carrying on business at Laheriasarai in the State of Bihar) in the City Civil Court, Bombay for a decree for Rs. 320/- with costs and interest. Summons of the suit was served upon one Gajendra Narain Singh-hereinafter referred to as Singh -at Road 8, R Block at Patna (Bihar) as a partner of the defendant firm. Mr. D. B. Tilak an advocate who was engaged by Singh filed on April 22, 1953 in Court a Vakalatnama signed by Singh authorising him to act, appear and plead in the suit. A chamber summons for directions for trial of the suit as a commercial cause was thereafter served on Singh. On September 9, 1953 Mr. Tilak as advocate for Singh addressed a letter to the Attorneys of the plaintiffs requesting them to consent to an "adjournment of the x x x x suit" to enable Singh to file his written statement. By consent of the advocates the chambers summons for directions stood adjourned by order of the Court for a fortnght. When the chamber summons for directions was taken up for hearing on September 24, 1953 Mr. Tilak informed the Court