KASHIRAM BHAGSHET SHETE V. BHAGA BHAUSHET REDIJ .
| EQUIVALENT CITATION | 563 of 1941 |
| BENCH | Bhagwati J. |
| PLAINTIFF | Kashiram bhagshet shete |
| RESPONDENT | Bhaga bhaushet redij |
| COURT | High Court of Bombay |
| REFERENCE | Hindu law |
FACTS OF THE CASE
The Plaintiff had monetary dealings with the defendant joint and Hindu undivided family and at that time defendant was manager or karta of the family . he had lent money to the defendant joint family as now there is no change in the position of the karta and defendant signed the promissory note in his favour but afterwards he denies that fact of being karta at that time and validity of promissory note.
ISSUES
Whether the acknowledgment of liability in respect of the monies due at the foot of the promissory note or the debt secured ?
ARGUMENTS
Mr. Banaji contended that the promissory note was not acknowledged as per section -19 of the Indian Limitation Act as it was made in respect of the monies due at the foot of the promissory note or the debt secured also not signed by the defendant and barred by period of limitation .
JUDGEMENT
It was held that the family position was exceptional as in case of a firm and in appeal court treated hindu joint family as a partnership and applied principles of law , the person part of the firm not affected by its dissolution if no public notice served . the person acknowledged the promissory note is valid .
REFERENCES
This Article is written by KIRANMAI FROM INVERTIS UNIVERSITY BAREILLY , Intern at Legal Vidhiya.
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