JAS RAJ CHOPRA J.—This revision arises out of an order passed by the learned Addl. Sessions Judge Mo. 2, Sri Ganganagar dated 18/8/87 whereby the learned trial Court has dismissed the application of the petitioner filed u/O. 9. R. 7. CPC.

2. The facts necessary to be noticed for the disposal of this appeal briefly stated, are : that the plaintiff firm Ramlal Chananmal of Sri Ganganagar filed a suit for recovery of Rs. 35360/- against defendant firm Kailash Flour Mill & Oil Mill and the petitioner Shri Pirag Chand on the ground that defendant No, 2 Pirag Chand gave out himself, as the owner and partner of this shop and it is he defendant No. 2 who has entered into some cotton contracts with the plaintiff firm prior to 17-4-78 and on that day, after settling the accounts, he executed a Rukka in favour of the plaintiff for an outstanding amount of Rs. 26000/-. It is. therefore, claimed that the plaintiff is entitled to recover this amount along with interest from the defendants.

3. The summons of the suit were served on both the defendants. The suit was filed on 24/3/81 and the summons of the suit were served on the defendants prior to 17/11/81. Shri Bheekam Chand Jain, Advocate put in

Click Here to Read the rest of this document