V.B.RAJU
SHANTILAL CHUNILAL SHAH – Appellant
Versus
SHANTILAL FULCHAND SHAH – Respondent
( 1 ) THIS is an application by the original plaintiff who had filed Regular Civil Suit No. 94 of 1959 in the Court of Civil Judge (Junior Division) at Karjan for the recovery of Rs. 3700. 00 from two persons who were defendants Nos. 1 and 2. In the suit defendant No. 2 was sought to be made liable because he was a member of a joint Hindu family consisting of defendants Nos. 1 and 2 although the promissory note was executed by defendant No. 1 alone.
( 2 ) THE plaintiff then gave an application for amending the plaint in the following terms :in the alternative it is also prayed that both the defendants are the brothers and they have a joint undivided family and they have a joint family running cloth shop and that it is managed by the defendant No 1. And for the business of the said shop the defendant No. 1 had purchased the cloth from the plaintiff and after settling the account thereof in the interest and benefit of the defendants joint family the defendant No. 1 as Manager of the defendants joint family executed on 4th May 1958 the promissory note for Rs. 3416. 00 in favour of the plaintiff. And on acknowledging the entire debt due to the plaintiff on the said promis
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