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1956 Supreme(Raj) 40

WANCHOO, MODI
Kanhyalal – Appellant
Versus
Ratnkumar – Respondent


Advocates Appeared:
M.M. Vyas, for Respondent No. 2

Modi, J.—These nine appeals are directed against a common judgment of the District Judge, Bikaner, and raise identical questions. They originally came for hearing before a learned single Judge who thought fit to refer them for decision to a Bench, as the valuation of the appeals taken collectively is above Rs. 500/-.

2. The appeals arise out of nine suits filed by the plaintiff Ramkumar against the present appellant Kanhyalal, and Bansilal and Hazarilal father and son respectively. The plaintiffs case as disclosed in the plaint in case No. 331 of 1949 was that defendants Nos. 1 and 2, namely, Bansilal and Hazarilal being father and son, were members of a joint Hindu family and carried on a joint family business, that they were building contractors and required money in connection with the execution of certain contracts which they had undertaken, and therefore, Hazarilal as manager of the joint family business borrowed a sum of Rs. l,000/- from the plaintiff under the suretyship of defendant No. 3. Kanhyalal, and agreed to pay interest at the rate of 1 per cent per mensem, and in lieu of this arrangement between the parties on Asad Vadi 9, Svt. 2005 (corresponding to the 1st July, 19































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