UDIT NARAIN CHOWDHURY Vs. MATHURA PRASAD

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the District Judge of Darbhanga, dated the 1st September 1910.

(2.) The learned District Judge decreed the suit of the plaintiff and hence the present appeal by the defendants. In order to understand the grounds urged against the judgment of the lower Court, it is necessary to refer to certain facts antecedent to the institution of the present suit.

(3.) The suit is to recover a sum of Rs, 10,243-6-0, principal and interest on a registered mortgage bond dated the 27th February 1902 executed by the defendant No. 1, Udit Narain Choudhury, as head and manager of a Hindu joint family of which the other defendants are members.