JUDGMENT

Panckridge, J. - This is an application on behalf of some of the defendants to revoke the leave given under C l. 12 of the Charter to institute this suit, and to take the plaint off the file. The suit is on a promissory note and the sum claimed amounts to Rs. 11,684. The plaintiffs are described as a firm carrying on business in Calcutta. The defendants, who are 17 in number, are described as being landholders, residing at a village in the district of Mongyr. I take these descriptions from the cause title. In the body of the plaint the defendants are further described as members of a joint Hindu Mitakshara family. The plaintiffs' case is that certain of the defendants as kurtas and managers of the joint family borrowed moneys and purchased piece-goods and other commodities from one Ramcoomar Marwari. These accounts between the kurtas and Ramcoomar were adjusted from time to time and promissory notes were given and renewed. The last of such promissory notes is said to have been executed by the kurtas on 22nd March 1933 and is the promissory note on which the suit is brought. The payee of the promissory note died on 15th January 1934. His heir and legal representative was a m