Gouri Dutt Ganesh Lall Firm – Appellant
Versus
Madho Prasad and others – Respondent
Lord Porter.-
The appellants in this case, who were plaintiffs in the suit, sought to recover a sum of Rs. 65,756.3.0 from two sets of defendants. They originally sued (1) Bhola Nath and his son Brij Behari who were members of a joint Hindu family and (2) Madho Prasad and his sons Sheo Prasad, Shrosagar, Ramsagar and Gangasagar, who were also members of a joint Hindu family of which the first named was karta. In the Court of the Subordinate Judge of Chaibassa, the plaintiffs obtained a decree for Rupees 61,070.7.6 against both sets of defendant and no question arises now as to the amount or the liability of the first set, though owing to the death of Bhola Nath the persons against whom the decree stands have undergone some change. So also in the case of the second set of defendants there has been a change of parties owing to the death of Madho Prasad, but it is admitted that the other four are in the same position as their father and under the same but no greater liability than he was. These defendants are content, if liable at all, to have the decree executed against them for such of the property as they will inherit from their father, feeling themselves bound to follow the doctrin
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