BAHADUR MIAN Vs. SAHEB RAM MARWARI

JUDGEMENT

(1.) This is an appeal against an order of the Subordinate Judge of Bhagalpore, dated the 6th June, 1907.

(2.) The appeal arises out of a suit brought to enforce a promissory-note, said to have been executed by the defendant on the 20 September, 1902, in favour of Babu Saheb Ram and Lachmi Narayan Marwari. The suit on the basis of this note was first instituted by the plaintiff Saheb Ram alone and a decree was obtained ex parte against the defendant. On the application of the defendant the ex parte decree was set aside and the case restored. On the 27 January 1906 the defendant filed a written statement. He denied the genuineness of the promissory-note and urged that the suit was bad by reason of the non-joinder of Lachmi Narain the son of Saheb Ram as a party. Then Lachmi Narain was made a co-plaintiff on the 26 March 1906. After that the defendant contended that the suit by Lachmi Narain, having been brought more than 3 years after the date of the promissory-note, was barred by limitation and as the plaintiff Saheb Ram was incompetent to sue alone, the whole suit must be held to be barred by limitation.

(3.) The Munsif held that this contention was valid; and he dismissed the suit.