LORDS SIMONDS, LORD RADCLIFFE, SIR LIONEL LEACH
Nagarmals – Appellant
Versus
Bajranglal – Respondent
Judgment
Lord Simonds. - This appeal is brought from a judgment and decree of the High Court of Judicature at Patna of 8th February 1944, which affirmed (save for a certain modification in regard to interest) a judgment and decree of the Subordinate Judge of Sambalpur of 9th November 1988.
[2] At all relevant times the appellants carried on business as traders at Sambalpur as a Hindu joint family under the name and style of Ramanand Ganpatrai. Appellant 1 was the managing member ; appellants 2 and 3 aer his nephews and appellant 4 is the son of appellant 3.
[3] The respondents are the sons and heirs of one Thanduram, who was plaintiff 1 in the proceedings out of which this appeal arises but has since died. At all relevant times these three persons carried on business as a Hindu joint family as dealers in rice and money-lenders at Sambalpur under the name and style of Thandu-ram Bajranglal.
[4] It is not disputed that between these two firms there had been prior to 8th November 1934, a course of commercial transactions nor is it now disputed that on that date appellant 1 as manager purported to sign a hand note in the following terms : Sri Ganeshji. From the good place Sambalpur. I
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