BHANDARI, J.—This revision application has been referred by a Single Judge of this Court to a Division Bench for decision as in his opinion there were important points of law involved in this case.

2. Sardarmal, Mangilal and Rajmal, all residents of Agra filed a suit for the recovery of Rs. 9,500/- against Gaja Nand alleging that the three plaintiffs carried on in partnership the business of Hazarilal Ganeshilal. The defendant carried on business at Sambhar, which at the time of the filing of the suit formed part of the States of Jaipur and Jodhpur. The plaintiffs claimed that a sum of Rs. 9,500/- was payable by the defendant to the plaintiffs in respect of the silver transactions detailed in the plaint. The suit was filed on the 23rd of August, 1948, and it may be mentioned that at that time the plaintiffs could not sue the defendant in the name of the Firm as the Firm was situated outside the Sambhar Shamlat Area where the provisions of the Indian Civil Procedure Code as such did not apply. One of the plaintiffs Magan Lal died on the 21st of December, 1951, but no application was made to bring his legal representatives on record. On the 21st of May, 1952, an application was made b

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