SIZING MATERIALS CHEMICALS AND ELECTRONIC PRIVATE LIMITED Vs. ASITKUMAR RAMESHCHANDRA MEHTA

JUDGEMENT

(1.) The petitioner-original defendant No. 2 challenges the order and decree passed by the Ahmedabad Small Causes Court No. 9 in Summary Suit No. 1280 of 1979 decided on 14-1-1983 as confirmed by the Bench of the Small Causes Court Ahmedabad in Application No. 24 of 1983 decided on 20th February 1984

(2.) It appears that original plaintiff-respondent herein had filed a summary suit to recover a sum of Rs. 1 900 and odd against defendant No. 1 as the air-conditioner was repaired. All correspondence etc. continued between the plaintiff and defendant No. 1. Ultimately when leave to defend application was filed the plaintiff chose to add defendant No. 2 as a party in the year 1981 as it revealed that the air-conditioner belonged to defendant No. 2. The Small Causes Court it appears passed a decree against both the defendants while the Bench of the Small Causes Court partly allowed the application and set aside the decree passed against defendant No. 1 and passed a decree against defendant No. 2 only for a sum of Rs. 1875 That decision is now challenged by filing this revision application.

(3.) It is submitted that in view of Order 1 Rule 10 of the Civil Procedure Code the liability of defendant No. 2 could only begin when the summons of the suit was served on him and under these circumstances the suit so far as defendant No. 2 was concerned was barred by law of limitation. Emphasis is laid on sub-section (5) of Order 1 Rule 10 of the Civil Procedure Code which runs as under: