KISHAN PRASAD Vs. SHAMRATHI SINGH

JUDGEMENT

(1.) The main question in this appeal is one of limitation. The suit was brought to recover a sum of Rs. 9,240-7-0 alleged to be due on foot of an account stated on the 9 August, 1901. The plaintiffs Kishan Prasad, Bishan Prasad and Jamna Prasad instituted the suit on the 3 of June 1904 as managers of a joint family business, styled Manorath Bhagat Dhana Ram, carried on in the District of Ballia, to recover the debt which was due by the family of the defendants in respect of money dealings. The dealings between the parties had been carried on for several years, and on the 9 of August 1901 the accounts were adjusted, when the defendants Shamrathi Singh, Mahadeo Singh and Rajinandan Singh admitted the correctness of the balance and affixed their signatures to the account, Mahadeo Singh signing it on behalf of himself as well as of Shamrathi Singh.

(2.) In their written statements the principal defendants objected to the array of plaintiffs complaining that all the members of the plaintiffs family had not joined in the suit. In consequence of this objection on the 22 August, 1904 the plaintiffs applied to the Court to have the other numbers of the family added as parties, stating in their petition that they (the original plaintiffs) were the managers of the firm and on that account brought the suit in their own names alone, but that with a view to remove the objection of the defendants, they desired that the names of the other members of the family should be brought on the record. By order of the 8 of September 1904 the plaintiffs 4--12 were brought on the record as plaintiffs, and Mahadeo Prasad and Chhote Lal, two members of the family, were added as defendants. If the added plaintiffs were necessary patties to the suit, it is admitted that on the 8 September 1904; when they were added as plaintiffs, the suit was barred by limitation. But on behalf of the respondent it was contended that the original plaintiff's were the managing members of the joint family and as such were entitled to institute the suit in their own names alone on behalf of themselves and the other members of the family. The learned Subordinate Judge acceded to this contention and pasted a decree in favour of the plaintiffs.

(3.) One of the grounds of appeal is that a decree against the persons of the minor defendants ought not to have been granted. Mr. Sundar Lal on behalf of the respondents admits that this is so, and so far as the minor defendants are concerned the decree should be satisfied out of the joint family funds alone. So far the appeal must in any case succeed.