1. This is an appeal filed by the original defendants against the decree passed against them by the Judge of the City Civil Court, Bombay, in Summary Suit No. 8471 of 1968.

2. It is necessary to notice the relevant facts and circumstances in order to decide the contentions raised in this appeal. The respondent. Purshottam S. Somaiya (who will hereinafter be referred to as the plaintiff) filed Summary Suit No. 8471 of 1968 against the appellants the Bombay Enamel Works, a firm carrying on business at Ravi Industries Compound, Agra Road, Thana, (who will hereinafter be referred to as "the Defendants"). The said suit was a summary suit under O. 37 of the Code of Civil Procedure , 1908, as amended by the Bombay High Court and was based on 5 Hundies executed by the defendants under the signature of one of their partners Champsinh Narsinh Vaidya. The total claim was for Rupees 11,500/- with interest thereon as prayed. The summary suit was filed on 7th December 1968 and the defendants were duly served. On 14th January 1969 the summons for judgment was taken out by the plaintiff and on 5th February 1969 an affidavit in reply to the said summons for judgment was sworn and filed by the said