Judgement

Consolidated Appeal (No. 121 of 1920) from decrees (January 31, 1919) of the High Court reversing two decrees (February 28, 1916) of the Subordinate Judge of Alipur.

The suits giving rise to the appeals were brought by the respondents against the appellant, a minor sued by his guardian ad litem, to recover the sums of Rs.5329 and Rs. 19,000; upon the appellant attaining his majority he adopted the defences put in by his guardian. The circumstances giving rise to the suits appear from the judgment of the Judicial Committee.

The Subordinate Judge found that the monies cued for had been borrowed exclusively for the Orphangunj business, which was not part of the ancestral businesses. He held that the Orphangunj business was not a joint family business, since it was not within the competence of the adult brothers, or the karta, to carry on the new business on behalf of the joint family. He therefore dismissed the suits.

On appeal to the High Court the learned judges (Chatterjea and Newbould JJ.) agreed with the view of the Subordinate Judge on the points above stated. They were however of opinion that the appellant had been "admitted to the benefit of the partnership" in the O