Tiêu đề IA Problem.docx ✅

INTERLOCUTORY APPLICATION Facts of the case: Ajay Kumar is one of the partners of the firm M/s. Ginger Trading Co. A suit has been filed against the firm in OS No.3298/2020 before the XII Additional City Civil & Sessions, Judge, Bengaluru by Aditya Rao seeking the recovery of Rs.15 Lacs. Ajay Kumar is in-charge of the day to day affairs of the partnership firm, carrying on business in electrical goods at No. 8 & 9, rear portion of the building, Avenue Road, Bangalore. The above case has been filed in order to cause mental agony and hardship and hence the Plaintiff has impleaded all the partners of the firm as defendants. The defendant No. 1, 2, 4 & 5 are in no way involved in the affairs of the firm and are deemed sleeping partners. The firm is open on all working days and Ajay Kumar claims of not having received any summons from the Hon’ble Court and as such none of the defendants were aware of the above proceedings. Apart from that the plaintiff used to visit Ajay Kumar’s shop very often but has not informed about the institution of the above suit. Ajay Kumar came to know about the filing of the above suit by the plaintiff through his neighbor on 12.08.2020at about 4.30 p.m. Immediately, he went to his advocates office and informed about the information received by him. Thereafter on 13.08.2020he went along with his advocate to the enquiry branch of the City Civil Court and he came to know about the details of the above case. Immediately as per the advice of his advocate, he applied for certified copies of the order sheet, plaint and other documents. The copies were made available to Ajay Kumar on 17.08.2020, as there was intervening holidays on 15 th & 16 th of that month. Upon perusal of the order sheet Ajay Kumar was shocked to note that due to the false and incorrect endorsement of the postal authorities, “as not claimed”, the Hon’ble Court was pleased to place all the defendants ex parte, by order dated 09.04.2008. Neither Ajay Kumar nor any of the defendants in the above suit have received any registered post from the said Hon’ble Court nor have any of them failed to claim the same. Ajay Kumar and the other partners are law abiding citizens and are not in the habit of refusing to receive any postal covers sent either by ordinary post, COP or RPAD. Even otherwise in the