KANHAIYA LAL Vs. MTMAHDEI

JUDGEMENT

(1.) This is an appeal by one Kanhaiya Lai, who was a minor till lately, to recover a sum of money from defendants 2 to 5 as the legal representatives of his late certificated guardian and from Mt. Mahdei, defendant 1, as the surety, and from Ramji Das, defendant 6, as the transferee of part of the property by Mt. Mahdei given by her as security for carrying out her engagements.

(2.) The Court of first instance dismissed the suit altogether. The lower appellate Court modified the decree of the Court below and held that defendants 2 to 5, the representatives of the deceased guardian, were liable and remanded the suit for determination of the amount of the liability. The order of the Court of first instance dismissing the suit as against defendant 1 and defendant 6 was upheld. In this Court it has been urged that defendant 1 and defendant 6 are also liable.

(3.) The Courts below have proceeded mainly on two matters. The first is the language of the surety bond given by defendant 1, and secondly on the view that the liability of defendant 1 could not be fixed till the District Judge had adjudicated upon that liability and found that a particular sum was due. In this Court Dr. Katju, the learned Counsel for respondent 1, has also urged that the order of the District Judge, dated 24 January 1924, is a complete answer to the claim.