Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Rahul Chaudhary, learned counsel for the defendant-revisionist, Sri P.K. Jain, learned Senior Advocate assisted by Sri Lalit Kumar, learned counsel for the respondent-plaintiff No. 1/3 and Sri Nitin Kesarwani, learned counsel for the plaintiff-respondent No. 3/1 in SCC Revision No. 171 of 2017. Also heard Kshitij Shailendra, learned counsel for the defendant-revisionist and Sri Ninit Kesarwani, learned counsel for the plaintiff-respondent No. 3/1 and Sri Lalit Kumar, learned counsel for the plaintiff-respondent No. 1/3 in SCC Revision No. 172 of 2017.

Facts of the case :

2. Both the above noted revisions arise from the impugned judgment dated 4.5.2017 in SCC Case No. 09 of 1979. The revision No. 171 of 2017 has been filed by the firm and one of its partner, namely, Sri Pradeep Kumar Jain while the Revision No. 172 of 2017 has been filed by the heirs and legal representatives of the partner Sri Pradyumn Kumar Jain under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the ‘’Act’).

3. Briefly stated facts of the present case are that the deceased respondent-plaintiff Nos. 1, 2, 3 and 4 were the