SHYAMCHARAN DAS AND OTHERS Vs. M/S. NEW CLOTH STORES

JUDGEMENT

(1.) THIS application under Section 115 of the Civil Procedure Code is directed against an order dated 8 -6 -71 passed by the Assistant District Judge No. 1, at Silchar in Money Suit No. 9 of 1969, which was filed by the plaintiff -opposite party for realisation of Rs. 11,219.10 being the price of cloth and for compensation.

(2.) THE plaintiff's case, briefly, was that he had a firm registered under the Indian Partnership Act under the name and style of "M/s. New Cloth Stores" at Janiganj bazar, Silchar and the defendant -petitioners had a shop under the name and style of "Janata Bastralaya" at Sonaibazar. The plaintiff's further case was that defendant No. 1, being the Karta of the Hindu Joint Family, undertook to pay the price of the cloths purchased by defendants, who, on various dates took cloths from the plaintiff's firm but did not pay the price thereof.

(3.) THE learned Assistant District Judge, without giving any reasons, passed an order dated 8 -6 -71, which is as follows: