LAWS(P&H)-1959-8-10

KHAIRATI RAM Vs. FIRM BALAK RAM MEHR CHAND

Decided On August 21, 1959
KHAIRATI RAM Appellant
V/S
FIRM BALAK RAM MEHR CHAND Respondents

JUDGEMENT

(1.) The following two questions have been referred to us: Where a karta or manager of a joint Hindu family enters into a partnership in his representative capacity, can the family as a unit be deemed to have become a partner, and

(2.) Whether on the death of the karta of the family the partnership stands dissolved or must be deemed to continue because of the fact that the joint Hindu family continues and it has a karta, though a different person?

(3.) The first point to consider is what is the exact nature of a joint Hindu family in law; is it to be deemed as a single entity and a juristice person within the meaning of S. 3 (42) of the General Clauses Act? Clause (42) does not give an exhaustive definition of "Person" and is in the following terms: