NATHU Vs. RAM SARUP

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for's lie on the basis of a mortgage deed executed on the 4tih of July, 1911 by two brothers, Nathu and Faqira, the defendants.

(2.) The defendants inter alia pleaded that Nathu's son, Chhajju who is a minor and a member of a joint Hindu family, had not been impleaded. The plaintiffs did not choose to implead him in this case and it is unfortunate that the Court of first instance also perhaps to avoid complications did not think it worthwhile to bring him on the record and thus dispose of all possible disputes.

(3.) The Court of first instance, however, dismissed the claim on the ground that Chhajju, the minor member of the family," had not been impleaded and the suit, therefore, was defective on the ground of non-joinder. In this, reliance was placed on the case of Shiam Sunder Lal V/s. Badhu Lal (1914) 12 A.L.J. 794.