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1968 Supreme(Pat) 164

SHAMBHU PRASAD SINGH, ANWAR AHMAD
Bhagwati Prasad Bhagat – Appellant
Versus
Pahil Sundari – Respondent


Judgment

Shambhu Prasad Singh, J.

1. This second appeal by the plaintiffs and defendant No. 6 arises out of a suit for recovery of Rs. 2061.00, the principal advanced on the basis of a handnote dated the 8th of November, 1957, besides interest, which has been dismissed by the trial court. An appeal by the plaintiffs before the lower appellate court against the decree of the trial court was also dismissed. The handnote is in favour of defendant No. 6, who is appellant No. 4 before this Court, and was executed by Mosst. Pahil Sun-dari and Naresh Mishra, respondents 1 end 2 before this Court of the defendants first party.

2. According to the plaintiffs, at the time of the execution of the handnote (Ext. 1), the body portion of which was also written by respondent No. 2, they and defendant No. 6 constituted a Hindu Mitakshara joint family of which defendant No. 6 was the karta and the money advanced was of the joint family. Subsequently there was a partition between the plaintiffs and defendant No. 6. The handnote in question fell to the share of the plaintiffs. Their further case was that respondents 1 and 2 took this loan as managing members of a Hindu Mitakshara joint family of the d















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