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1921 Supreme(SC) 15

VISCOUNT CAVE, LORD SUMNER, SIR JOHN EDGE, SIR LAWRENCE JENKINS
GOKAL CHAND – Appellant
Versus
HUKAM CHAND-NATH MAL (A FIRM) – Respondent


Advocates:
Solicitors for appellant : T. L. Wilson & Co.

Judgement

Appeal (No. 122 of 1919) by special leave from a judgment and decree of the Chief Court of the Punjab (May 19, 1916) varying a decree of the District Judge, Ferozepur.

The suit was instituted by the respondent firm in the Court of the District Judge, Ferozepur, against the

present appellant and his four brothers, the sons of Joti Mal deceased, to recover the sum of Rs. 7200 upon four hundis given to the respondent firm by the firm Nagar Mal-Jot Mal in respect of a balance due on account between the two firms. The defendants, including the appellant, were members of a joint Hindu family, which carried on under the style of the debtor firm an ancestral money-lending business in respect of which the hundis had been given.

The appellant by his written statement pleaded that he had no personal knowledge of the hundis, or anything in connection with them ; that he had never participated in the business of the family ; and that even if the claim was proved there could be no personal decree against him. The respondents by a replication to the appellants statement pleaded that his want of knowledge did not affect the respondents rights, and that he was a member of a joint Hindu fa
































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