Bennett, J. - (1.) This appeal, preferred in 1940, has arisen out of a suit filed by one Joshi Parshotamji of Benares on July 22, 1937, to recover from a number of defendants the sum of Rs. 38,474-7-4. It was also prayed that certain shares which had been pledged with the plaintiff as security for the debt might be sold in pro tanto satisfaction of the decree for this sum.
(2.) Joshi Parshotamji died on November 25, 1938, and his widow, Mst. Suraj Bahu, was substituted for him. She preferred the appeal, but died during its pendency, and substitution of the present appellants for her was made on November 25, 1941.
(3.) There were originally nine defendants. Of these eight were members of a joint Hindu family which has for many years done business under the name of P. L. Jaitly and Co. The business was started by one Murlidhar, who died in the year 1934. He had three sons, Parshotam Lal, Narotam Lal and Kesri Narain. Though Murlidhar was the formal head of the family, the business from 1929-1930 was managed by the eldest son, P.L. Jaitly.;