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1936 Supreme(Nagpur) 196

STONE, NIYOGI
GANPAT RAO – Appellant
Versus
ISHWAR SING – Respondent


Advocates Appeared:
B L Gupta, M R Bobde, T L Sheode, W B Pendharkar, W R Puranik, Advocates

JUDGMENT

1. This appeal is by the plaintiffs whose suit on a morgage bond has been dismissed against defendants 2 and 3, members of the joint Hindu family whose managing member executed the bond and who were minors at the time of the transaction. The relationship between the managing member and the minors was that of step-brothers. It is accordingly sought to make the minors liable on one of two grounds: (a) legal necessity or the benefit of the estate; (b) affirmation when adults. It will be convenient to examine the second ground first. Different terms have been used to express the legal consequence of the acknowledgments alleged to have been made. It has been said that the minors, when they came of age, either affirmed, or ratified, or elected to be bound by the transaction. The matter does not turn on the expression used, but on the legal consequences of the facts which are as follows: The pleadings allege pressure, a threatened suit, an admission of liability, a request for time and a giving of time. This alleges in effect a new contract based on consideration-the giving of time. That new contract has not been pressed before us, and the argument did not proceed on any such basi






















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