DWARKADAS Vs. HANUMANDAS

JUDGEMENT

(1.) THIS a revision application by Dwarkadas, Kishangopal and Dhanraj defendants against an appellate order of the District Judge Bikaner setting aside an order of the Civil Judge Bikaner for returning the plaint for presentation to proper court on the ground that he had no jurisdiction to try it as the defendants did not actually and voluntarily reside within his jurisdiction.

(2.) THE facts which are necessary for the disposal of the present revision application are these. Hanuman Das plaintiff instituted a suit against 9 defendants for the recovery of a sum of Rs. 5225/7/6 in the court of the Civil Judge Bikaner on the allegation that they were partners in a firm Baneychand Suganchand with which he had deposited a sum of Rs 9500/- at Calcutta on 28.3.50, that a sum of Rs 6054/4/- has been paid to him on different dates in repayment of the amount and that the balance was not paid in spite of demand.