Judgement

Appeal (No. 128 of 1929) from a decree of the High Court (April 2, 1928) reversing a decree of the Subordinate Judge of Cawnpore (January 31, 1924).

The suit was instituted by the first respondent, a minor suing by his next friend, against the appellant idol. The plaintiffs adoptive brother Gulab Chand was also made a defendant, and was joined as a pro forma respondent. The plaintiff claimed a declaration that a decree made upon a mortgage dated December 5, 1920, of the property of his Mitakshara joint family was invalid against him. The appellant by his written statement contended (inter alia) that the mortgage and decree were binding upon the plaintiff.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the suit.

An appeal to the High Court was allowed, and a declaration made as prayed.

The learned judges (Lindsay and Sulaiman JJ.) found on the facts that the business the debts of which were discharged with the money advanced was a new business and not an ancestral business. Following Inspector Singh v. Karak Singh (( 1928) I. L. R. 50 A. 776.) they consequently held that Gulab Chand as manager could not incur debts binding upo