BASUDEO LAL MODI Vs. MADANLAL CHHAPOLIA

JUDGEMENT

(1.) IN F. A. No. 12 of 1963 defendants 7 to 12 are the appellants from the judgment of the trial court by which the plaintiffs' suit on a handnote executed by defendant No. 2 Ramkumar Modi was decreed on contest as against defendant No. 1 Noperam Ramgopal, a Hindu joint family firm and defendants 2, 3, 7 and 8 and against defendants 4 to 6 and 9 to 12--all members of the said joint family--to the extent of their interest in the joint family property with costs and dismissed ex parte without costs against the rest of the defendants as no relief was claimed against them. In F. A. No. 16 of 1963 the plaintiffs are the appellants from the decision of the trial court so as not granting pendente lite interest and proper pleader's fee on the grounds taken in the said appeal.

(2.) THE plaintiffs claim is based on a hand-note Ext. 1 dated October 10, 1949 executed by defendant No. 2 Ramkurnar Modi. The handnote is quoted as follows:

(3.) THE plaintiffs' case is that defendant No. 2 Ramkumar Modi executed the suit hand-note on behalf of defendant No. 1 Noperam Ramgopal a Hindu Joint family firm carrying on business at Nayasarak, Cuttack, in favour of Plaintiff Bajranglal chhapolia representing the joint family consisting of the plaintiffs for a sum of Rs. 5,000 with interest; the defendant joint family consisted of two principal branches, namely, Jagannath's branch represented by defendants 7 to 12 and Ramkumar's (defendant No. 2) branch consisting of defendant No. 2 Ramkumar, his son defendant No. 3 Gourisankar. Defendants 13 to 16 were made parties as trustees appointed by the members of the defendant joint family for payment of the debts of the joint family. After giving credit for the several part-payments of the dues on the hand-note as hereinafter mentioned the plaintiffs filed the suit against the defendants on March 1, 1958 for a sum of Rs. 6,873-13/- including interest as per particulars stated in the plaint.