JUDGMENT - SINHA D.D., J.:---Heard Shri Shelat, the learned Counsel for the applicant (original defendant No. 3) at length. This Court on 5-5-1998 issued rule and the same was made returnable on 15-6-1998. The learned Counsel submitted that the non-applicants were served by hamdast. Even otherwise, the note of office of this Court also shows that the non-applicants were served. However, none appears for the non-applicants.

2. The learned Counsel for the applicant submitted that the present applicant is the original defendant No. 3 and non-applicant No. 1 Vinod Kumar is the plaintiff. Applicant Vimal Kumar and non-applicants Nos. 1 Vinod Kumar and 3 Vinalkumar are the real brothers. Non-applicant No. 4 Smt. Gulabdevi is mother of applicant and non-applicants Nos. 1 and 3. It is further submitted that non-applicant No. 1/original plaintiff filed Special Civil Suit No. 284/95 against the present applicant and others for recovery of amount of rupees two lacs and seventy thousand.

3. The non-applicant No. 1/plaintiff is a lessor and co-owner of Ginning and Pressing Factory situated at Adilabad (Andhra Pradesh). He is having ¼th share in the entire Ginning and Pressing Factory and he is th

Click Here to Read the rest of this document