TULSIRAM SANGANARIA Vs. ANNI BAI

JUDGEMENT

(1.) THIS is an application for leave to appeal to the Supreme Court from the judgment of this Court in F. A. Nos. 82, 83 and 84 of 1958 disposed of in one judgment on 22-12-61.

(2.) THE appeals arose out of three money-suits filed by three different plaintiffs against a common set of defendants, but the, present appellants (defendants 12 and 13j were the only contesting defendants. The common case of the plaintiffs was that the two joint families of Suraj-mal and Manilal constituted a partnership firm known as 'surajmal Manilal'; Pannalal one of the partners of the firm executed the suit hand-notes on behalf of the above firm in 1949 and all the members of the firm of Surajmai Manilal including the defendants were liable to pay the same.

(3.) THE case of the contesting defendants was that they were separated from manilal long before the execution of the suit pronotes and were not partners of the firm, Surajmal Manilal, and in any case they were not benefited by the loan and were not liable to repay the same.