Joshi Damodarji vs Joshi Ram Nath - 1916 Supreme(All) 117

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1916 Supreme(All) 117

TUDBALL, WALSH
Joshi Damodarji – Appellant
Versus
Joshi Ram Nath – Respondent

JUDGMENT

1. This appeal arises out of an application under paragraph 20 of the 2nd Schedule of the Civil Procedure Code, which has been rejected by the Court below.

2. The parties to the application are all members of a Hindu family and are Brahmans by caste. They reside at Benares and are wealthy, carrying on a large business in the purchase and sale of precious stones and jewelry.

3. The applicants are all the male members of the joint family except one. The exception is the sole defendant Joshi Ram Nath, against whom the application was made.

4. The case for the applicants was that Joshi Ram Nath came of age in 1914 and took to riotous living and incurred heavy debts. This led to disputes, on which all the members including Ram Nath agreed to partition the family property and to separate. That accordingly an agreement was drawn up, and duly executed on 5th July 1914 and presented for registration on 18th July 1914.

5. That under the agreement one Panna Lal was appointed arbitrator to divide up the estate and was given a period of four months within which to carry out the partition. That because the books of the business were not available, having been filed in a civil suit then pendi