STATE BANK OF INDIA Vs. INDIAN APPAREL INDUSTRIES

JUDGEMENT

(1.) Plaintiff bank has filed this suit for the recovery of Rs. 10,25,801-102. Defendant I firm, it is claimed, in the plaint, was the sole proprietary concern of Major R.S. Chadha, since deceased. Major Chadha who died before institution of the suit according to the plaintiff, bad taken from it certain loans. Defendant 2(a) is the daughter of Major R.S. Chadha: Defendant 2(b) is his mother: Defendant 3 is his father and Defendant 4 is his brother. Defendants 2(a) and (b) have been impleaded as surviving Class I legal heirs of deceased Major R.S. Chadha. Defendants 3 and 4 have been impleaded by the plaintiff alleging that the said defendants are intermeddling with the estate and are functioning as de facto administrators of the estate of late Major R.S. Chadha who expired on 23-12-1982 and that the plaintiff understands that they are in possession of his estate. Paras 3 and 4 of the plaint read as under:-

(2.) Defendants 2(b), 3 and 4 are the applicants and seek dismissal of the suit or striking out their names from the suit.

(3.) For deciding this application the averments made in the plaint are to be taken as correct in its manner and form. It may be noticed that although in some paragraphs of the plaint there is some ambiguity but learned counsel for the plaintiff conceded during course of arguments that defendants are being sued only in their capacity as legal representatives of Maj. Chadha and not in their individual capacity and their liability would be only to the extent of the estate inherited by the said defendants or in their capacity as intermeddlers.