Beg, J. - (1.) This is a civil revision application arising out of an application given under Order 21, Rule 50 (2), C. P. C., on behalf of J. K. Jute Mills Company Limited.
(2.) The facts giving rise to this application may be briefly stated as follows :-There was a contract between J. K. Jute Mills Company Limited as sellers and Messrs. Bridhi Chand Sumermal (hereinafter called the firm) as purchasers. Clause 25 of the said contract provided for settlement of disputes between the parties to the said contract by arbitration. The authority nominated to give the award was the Merchants Chamber of Commerce, Kanpur. The firm Bridhi Chand Sumermal consisted of only two members as partners: one of them was Seth Tikam Chand, and the other was Seth Gambhir Mal Pandiya. The above contract between J. K. Jute Mills Company Limited and the firm was signed by only one of the partners, namely, Seth Tikam Chand. A dispute between the parties to the contract having arisen, it was, according to the terms of the contract, referred to the Merchants Chamber of Commerce, Kanpur, for arbitration. The arbitrators gave their award on 8-1-1947. The award was filed in Court. Seth Tikam Chand appeared and contested the said award on behalf of the firm. The award was, however, made a rule of the Court, and incorporated in a decree dated 7-1-1949. Seth Tikam Chand took up the matter in appeal, but was unsuccessful.
(3.) On the decree-holder's taking out execution against the firm, it was discovered that the judgment-debtor had closed his business, and that there were no assets of the firm available for the satisfaction of the decree. Thereafter, the decree-holder moved an application under Order 21, Rule 50(2), C. P. C., for permission to proceed against Seth Gambhirmal Pandiya, the other partner of the firm. It may be mentioned that no summons of the proceedings prior to that had been served on Seth Gambhirmal Pandiya, nor had he taken any part in the proceedings of the case before that stage.;