RAMDIN SINGH Vs. RAMPARICHAN SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the decision of the Subordinate Judge of Saran, dated 31 August 1938 by which he dismissed their suit which was instituted on 12 June 1937, to recover their dues based upon bahi khata account upon the view that the suit was barred by limitation and that the acknowledgment of 15 June 1934 did not save limitation. This is the principal question which falls to be determined in this appeal. There were other issues which have all been decided in favour of the appellants but the correctness of that part of the judgment has been challenged by the respondents.

(2.) The facts which gave rise to this litigation may be briefly stated. The case of the plaintiff is that they carried on large money-lending business and their ancestor Baba Dalsingar Singh advanced on 15 September 1932 a sum of Rs. 7196-5 0 to Rai Bahadur Chhatrapati Singh, the karta of the joint family of the defendants, for the legal necessities of that family, that on three other occasions in 1933small sums of Rs. 70, Rs. 30-7-0 and Rs. 73 were advanced, that all these amounts were entered in their memorandum bahi in due course of business, that after giving credit for the sums paid back by the Rai Bahadur a sum of Rs. 7062- 10-0 was found due from him at the end of Bhado. 1340 fasli which included the principal sum then found due together with interest thereon at 1 per cent, per month, that on 15 June 1934 by Ex. 3 the Bai Bahadur made an acknowledgment by which; ha admitted that a sum of Rs. 7965 was due from him to Babu Dalsingar Singh out of which Babu Dalsingar Singh remitted Rs. 65, and the Rai Bahadur acknowledged that as karta and manager of the joint family, Rs. 7900 was due from him (the effect of this acknowledgment will have to be examined at length later on). The present suit has been instituted to recover this sum of Rs. 7900 together with interest thereon after giving credit for Rupees 627- 15-0 being the amount paid from time to time as detailed in para. 14 of the plaint.

(3.) In order to appreciate the defence to the action it is necessary to state that the defendants are the descendants of one Babu Bamnath Singh, who left three sons, Babu Dawar Singh, Babu Dund Bahadur Singh and Babu Sri Kishun Singh. Defendant 1, Babu Ramparichhan Singh, is the sole descendant of Babu Dawar Singh. Rai Bahadur Chhatrapati Singh, who died on 2 February, 1936, was the son of Dund Bahadur Singh and the uncle of defendants 5, 6 and 7. Defendants 2,3 and 4 are the sons of Babu Srikishun Singh. The case of the plaintiffs as already stated was that Rai Bahadur Chhatrapati Singh was karta and manager of the joint Hindu family consisting of all the descendants of Dawar Singh, Dund Bahadur Singh and Sri Kishun Singh.