LAWS(PVC)-1932-6-30

DAMODAR KESHAV PARASHARAMI Vs. RAMNATH RADHAKISAN

Decided On June 24, 1932
DAMODAR KESHAV PARASHARAMI Appellant
V/S
RAMNATH RADHAKISAN Respondents

JUDGEMENT

(1.) In this case the plaintiff sued to recover Us. 8,000 on a promissory note dated February 22, 1926, passed by defendant No. 2. The plaintiff in the original plaint sued the liquidator of the Sangamner Weavers Co-operative Society and defendant No. 2, and stated in para. 2 that defendant No. 2 in his capacity as chairman of the Society passed a promissory note, and that statement was repeated in para. 3. By Ex. 22 the plaintiff amended the plaint with the result that the words, in his capacity as the Chairman of the Society in para. 2 were omitted, and para. 3 was deleted.

(2.) Defendant No. 1 contended that the Co-operative Society was not liable under Section 51 of the Co-operative Societies Act. The learned Joint First Class Subordinate Judge held that defendant No. 2 was liable as he passed the promissory note, and did not in the promissory note intend to exclude his personal responsibility.

(3.) The promissory note is signed by defendant No. 2 the chairman of the Weaving Society. In the body of the promissory note he also described himself as chairman of the Weaving Society, and agreed to pay the amount of the promissory note. The khata of which the account was taken stands in the name of defendant No. 2 and not in the name of the Society. Defendant No. 2 did not expressly exclude his personal liability, nor did he state in the body of the promissory note that he was passing the promissory note on behalf of or on account of the Weaving Society.