ORDER : This is a revision under S. 115, C.P.C. by Uma Shankar Mehrotra against the order dated 5-12-1962 of the First Civil Judge of Kanpur, framing two issues for trial and determination as necessary under O. XXI, R. 50(2). C.P.C.

2. The material facts of the case are that Messrs. Kanodia Brothers Kanpur, obtained an ex parte decree against Messrs. S. Varma, Kanpur for the recovery of a sum of Rs. 11,500. Messrs. S. Varma, defendant, was to be served through the proprietors. Bhupat Prasad and Uma Shankar Mehrotra. They put in appearance, but Uma Shankar Mehrotra denied to be a partner or proprietor of the defendant-firm. The ex parte decree was passed on 6-7-1955. It was on 27-7-1957 that the decree-holder applied for execution of the decree by the attachment of the salary of Uma Shankar Mehrotra on the supposition that the case was covered by Cls. (b) and (c) of O. XXI. R. 50(1), C.P.C. The executing court recorded the finding that without the grant of the leave under sub-rule (2) of O. XXI. R. 50, C.P.C., the execution could not proceed against Uma Shankar Mehrotra and this order was eventually maintained.

It was thereafter on 29-8-1961 that the decree-holder made a fresh applica

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