JUDGMENT

John Stanley, C.J. and William Burkitt, J. - The main question in this appeal is one of limitation. The suit was brought to recover a sum of Rs. 9,240-7-0 alleged to be due on foot of an account stated on the 9th of August 1901. The plaintiffs Kishan Prasad, Bishan Prasad and Jamna Prasad instituted the suit on the 3rd of June 1904 as managers of a joint family business, styled Manorath Bhagat Dhana Ram, carried on in the District of Ballia, to recover the debt which was due by the family of the defendants in respect of money dealings. The dealings between the parties had been carried on for several years, and on the 9th of August 1901 the accounts were adjusted, when the defendants Shamrathi Singh, Mahadeo Singh and Rajinandan Singh admitted the correctness of the balance and affixed their signatures to the account, Mahadeo Singh signing it on behalf of himself as well as of Shamrathi Singh.

2. In their written statements the principal defendants objected to the array of plaintiffs complaining that all the members of the plaintiffs family had not joined in the suit. In consequence of this objection on the 22nd of August 1904 the plaintiffs applied to the Court to have the other numbers of the family added as parties, stating in their petition that they (the original plaintiffs) were the managers of the firm and on that account brought the suit in their own names alone, but that with a view to remove the objection of the defendants, they desired that the names of the other members of the family should be brought on the record. By order of the 8th of September 1904 the plaintiffs 4--12 were brought on the record as plaintiffs, and Mahadeo Prasad and Chhote Lal, two members of the family, were added as defendants. If the added plaintiffs were necessary patties to the suit, it is admitted that on the 8th September 1904; when they were added as plaintiffs, the suit was barred by limitation. But on behalf of the respondent it was contended that the original plaintiff's were the managing members of the joint family and as such were entitled to institute the suit in their own names alone on behalf of themselves and the other members of the family. The learned Subordinate Judge acceded to this contention and pasted a decree in favour of the plaintiffs.

3. One of the grounds of appeal is that a decree against the persons of the minor defendants ought not to have been granted. Mr. Sundar Lal on behalf of the respondents admits that this is so, and so far as the minor defendants are concerned the decree should be satisfied out of the joint family funds alone. So far the appeal must in any case succeed.

4. As regards the main question it is first necessary to determine whether or not Kishan Prasad, Bishan Prasad and Jamna Prasad were the managing members of the family when the suit was brought. It appears that at the time of the institution of the suit dissension existed between some of the members of the plaintiffs' family and hence we find two of them supporting the defendants' case. The evidence of these two witnesses only has been translated and printed by the appellants. These are the depositions of Sarju Prasad and Lachhmi Prasad, sons of the plaintiff Kishan Prasad, and themselves plaintiffs, Sarju Prasad deposed that there was no leading member in the family since about 1890, and that the business of the firm was carried on under the orders of all the proprietors. Then he modified this statement and said that the names of those by whose orders the business was carried on were Kishan Prasad, Bishan Prasad, himself (the witness), Jamna Prasad and Lachhmi Prasad. In cross-examination he stated that all the suits relating to the family, the ilaka or the firms brought since 1890 were instituted in the names of Kishan Prasad, Bishan Prasad and Jamna Prasad only, or in the came of Debi Prasad as long as he lived. Debi Prasad we may mention was a son of the plaintiff Jamna Prasad. "We now come to the evidence of Lachhmi Prasad. He de