JOHN STANLEY, WILLIAM BURKITT
Kishan Prasad – Appellant
Versus
Shamrathi Singh – Respondent
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 o
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.