KISHEN PARSHAD Vs. HAR NARAIN SINGH

JUDGEMENT

(1.) The question to be determined in this appeal is whether or not the suit is barred by the Indian Limitation Act of 1877.

(2.) There is no doubt that when first brought, it was well within the statutory period of three years, but it is contended by the respondents that it was not then brought by all the proper and necessary plaintiffs, and that afterwards, when the record was amended in that respect, the statutory time had expired.

(3.) The suit was commenced by the first three plaintiffs on the record. They are the managing members of an undivided Hindu joint family governed by the Mitakshara law, and, as such managing members, they carry on the business of money-lenders together at Hanumanganj in the district of Ballia, as a firm, under the name and style of Manorath Bhagat Dhana Ram.