TRILOK CHAND JAIN Vs. RAMESHWAR LALL TULSIYAN

JUDGEMENT

(1.) This second appeal is by the plaintiff, who instituted a suit for realisation of Rs. 2,000 as principal and Rs. 700 as interest against the defendants under the fallowing circumstances: A sum of Rs. 2,000-00 was advanced by the plaintiff under a Hundi on 1-2-1960. (Ext. 1) which was executed by the first defendant. In the body of the Hundi, however, the name of the person (firm) to be charged upon was clearly stated and fully disclosed. It is necessary to quote the relevant recitals made in the Hundi, the English translation of that portion is as follows :

(2.) In the written statement filed on behalf of defendant No. 1, the execution of the Hundi by him was not denied, but his plea with which we are concerned in this appeal was that the firm Sri Ganeshji Umbrella Manufacturing Company was not his ancestral business, but as a matter of fact, the same exclusively belonged to one Gopal Marwari of Calcutta, of which he was a mere manager on salary basis. The said business was closed by Gopal Marwari in the year 1961. The defendant No. 1 denied any Personal liability for the claim of the plaintiff.

(3.) On these pleadings, one of the issues framed by the trial court was as to whether defendant No. 1 was personally liable for the loan in question and whether the plaintiff had any cause of action against the defendant. Evidence was adduced by both the parties in support "of their respective cases. The trial Court, on a consideration of the various documentary evidence, held that the firm Sri Ganeshji Umbrella Manufacturing Company was never the joint family business of the defendants and Gopal Marwari was, in fact, the proprietor of the said firm. It also held that the defendant No. 1 was not personally liable for the loan in question. Accordingly, the suit was dismissed. On appeal by the plaintiff in the lower appellate Court, the same questions were pressed as in the trial court and were answered again against the plaintiff and the findings of the trial Court were affirmed.