KHETRA MOHAN PODDAR Vs. ASWINI KUMAR SAHA

JUDGEMENT

(1.) The main question involved in this appeal is whether a minor, on whose behalf an ancestral trade is carried on, is personally liable for debts incurred in such business.

(2.) It appears that one Bhaja Krishna, the father of the defendants Nos. 1 and 2 who had a Karbar in cloth, used to purchase cloth from the plaintiff s firm. On his death the defendant No. 1, his elder son, for himself and his younger brother, the defendant No. 2, who was and is still a minor, carried on the business and took cloth on credit from the plaintiff s firm. The plaintiff brought the suit out of which this appeal arises for recovery of Rs. 460-10.6, which was found due from the defendants on adjustment of accounts, and also for Rs. 82-56 as interest on the said sum.

(3.) The Court of first instance allowed the principal claimed together with damages at 1 per cent, in lieu of interest against both the defendants. On appeal, the learned Subordinate Judge held that the defendant No. 2 was not personally liable, and gave a decree against the defendant No. 1 and the assets of the shop. He disallowed interest as no written notice was served upon the defendants that interest would be charged. The plaintiffs have appealed to this Court.