which was also reiterated in paragraph 16 of the examinationinchief of P.W.1. In the written statement, it was asserted that the address at Sylvester building is used only for the correspondence purpose. However, the said fact was not substantiated by the defendants in the evidence. It is in that context, extract of register of firms assumes importance. Perusal of that extract shows that on 08/02/1990, defendant No.1's name was entered showing principal place at Silvester building, 4th floor, Shahid Bhagatsingh Road, Fort, Mumbai 23 as also the names of the partners. The said address continued till 05/08/2008. Perusal of the cross examination of defendant's witness shows that he was confronted with Exhibit 9 i.e. extract of register of firms. He admitted that he along with his children are shown partners of defendant No.1. Till 2002, address continued as shown in Exhibit 9. He has feigned ignorance about its area. He further admitted that it is in the vicinity of the suit premises and the premises in the Sylvester building is situate on the 4th floor and the Sylvester building is having lift facility. He further admitted that since January 2000, there is no land line telephone connection in the suit premises. He also admitted that till 2000, they were filing income tax returns thereafter, since they incurred loss, therefore, they did not file income tax returns. After receiving the suit summons, they did not make any attempt to search for alternate premises for business.
