JUDGMENT - 1. This is an appeal from an order of Principal Judge Rege of the Bombay City Civil Court (as he then was) dated 28th February 1972 dismissing the first defendants motion for setting aside an ex parte decree for Rupees 19,545,75, with interest, passed by him on the 6th of April 1971. The basic fact that must be borne in mind for the purpose of this appeal is that the present suit had been filed against the first defendant firm under its firm name in accordance with Order 30, Rule 1 of the Code of Civil Procedure. In support of the application to set aside the exparte decree, Manoharlal Khandelwal, a partner of the 1st defendant firm filed an affidavit in the lower Court in which the case that was made out, was that he did not know at all of the pendency of the suit against him till the 5th November 1971 after which, on taking search of the record of the said suit, he found that the writ of summons had been forwarded for service through post and the acknowledgment in respect thereof had been signed by one Ghanshvamdas on the 18th of December 1970. The 1st defendants case on the said application was that there was no man bearing that name in the employ of the 1 st defendan

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