JUDGMENT

Buckland, J. - This is an application made on behalf of the Lily Biscuit Company, under which firm name two persons, called Pratapchandra Set and his brother Binaykrishna Sat, carry on business, for an order that an ex parte decree, made on 18th May 1931, be set aside. The grounds of the application are that there was no proper service of the writ of summons as required by Order 30, R.3,Civil P.C. (His Lordship on considering evidence found that the summons had been served on a partner of the defendant firm.) A further question arises for decision, for it is contended by reference to Order 30, Rule 3, Civil P. C, that directions of the Court should have been obtained, and that no directions having been obtained, which is the fact, the service is not a proper service within the meaning of the section: The rule says:

Where persona are sued as partners in the name of their firm, the summons shall be served either (a) upon any one or more of the partners, or (b) at the principal place at which the partnership business is carried on within British India upon any person having, at the time of service, the control or management of the partnership business there, as the Court may di