JUGGI LAL Vs. KISHEN LAL

JUDGEMENT

(1.) This is an appeal by one set of defendants as against the plaintiff and the second set of defendants and arises out of a suit for the recovery of money brought in the following circumstances.

(2.) The plaintiff s father used to deposit sums of money on interest with the firm of Baij Nath-Ram Nath until his death in August 1897. He left him surviving his widow and the plaintiff, his son, who was then a minor and who at the date of the present suit in 1912 was about 1912 years old. Payments of various sums on account were made by the firm to the plaintiff s mother from time to time up to the year 1905. 2. In this year the 6rm of Baij Nath-Ram Nath which was a joint family concern, split up into two firms, owing to a separation of the family. These two new firms were Baij Nath-Juggi Lal, represented by the present appellants, and Baldeo Das-Kedar Nath, represented by the second set of defendants respondents.

(3.) The two branches divided up not only their properties but also their liabilities. Each of the new firms took over those liabilities which were due to relations more closely connected to it than to the other firm. For this reason the second set of defendants took over the liability for the debt due to the plaintiff, inasmuch as the plaintiff s father s sister was the wife of Kedar Nath. The defendant Murli Dhar alias Mul Chand (of the second set) is the son of Kedar Nath and he has in clear terms admitted that his branch took over this liability.