ALAFKHAN Vs. KURBANKHAN

JUDGEMENT

(1.) THIS is a Letters Patent Appeal from a judgment of Stone C.J., in Second Appeal No. 494 of 1940 decided on 10th April 1942. The suit out of which this appeal arises was brought by two plaintiffs who were the sons of one Abdul Wahab (also called Aboo) against seven defendants, the first five of whom were the legal representatives of one Moulvi Munawar Khan and the last two the legal representatives of one Munshi Mohammad Azimullah Khan.

(2.) ON 29th September 1915, Munawar Khan was appointed by the District Judge, Saugor, guardian of the property of the plaintiffs who were then minors, And Azimulla Khan was his surety in the sum of Rs. 4000 and both the guardian and the surety executed a bond which is Ex. p-5 in the case.

(3.) DEFENDANTS 1 to 5 denied liability. Defendants 6 and 7 said that Azimulla Khan had died in the year 1922 and must, therefore, be deemed to be discharged from his liability under the bond. They further said that after Munawar Khan's death in 1924 Mt. Asha Bi (defendant 5) was appointed guardian of the property of the minors, and that this also resulted in the discharge of the surety. These defendants also pleaded that the suit was barred as not having been brought within the requisite period required by law. Defendants 2, 3 and 4 pleaded that they were not liable to render accounts as accounts had already been explained and further that there were no assets of the deceased Munawar in their hands; nor had they any property belonging to the minors. They also pleaded that the suit was barred under the Limitation Act.