1922 (8) TMI 2

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....executors of Raghunathdas Premji for leave to execute the decree against his estate on the ground that the deceased Raghunathdas Premji was a partner in the firm of Raghunathdas Mulji. Raghunathdas died on April 23, 1919, leaving a will dated February 7, 1919. The present appellant obtained probate on October 24, 1921. It appears that no notice of the suit was given to partners other than Vachharaj. 2. It was contended before the learned Judge who heard the summons that the original decree-holder Keshavji had knowledge of the death of Raghunathdas Premji, at the date of the suit, the suit having been filed in August 1919, and further that even if he had no such knowledge, under the provisions of Rule 50 of Order XXI the transferees of th....

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....thdas Premji had his business in the Market where the parties were carrying on business, the fact of his death would be known. But the case put forward by Keshavji is that he did not know at the date of the suit that Raghunathdas Premji was a partner in the firm of Raghunathdas Mulji. That is a question upon which there is a conflict of statements in the affidavits, and in that state of the evidence it is quite impossible to say that the view taken by the lower Court is wrong. It seems to me inconceivable that if Keshavji knew that Raghunathdas Premji, who apparently was a well-to-do merchant, was a partner and that he was dead, he would not take care to serve the summons on his legal representative. The present appeal must, therefore, be d....