TULSIRAM SANGANERIA Vs. ANNI BAI

JUDGEMENT

(1.) FIVE different plaintiffs filed five different suits against certain defendants including the present appellants basing their claim on 5 different pro-notes. The suits were : Money Suit No. 20/235 of 1952; Money Suit No. 461/234 of 1952/55; Money Suit No. 75; Money Suit No. 84 of 1952 and Money Suit No. 110 of 1952. In the first two suits the two handnotes were executed by Manilal on behalf of Surajmal Manilal Firm whereas in the latter three suits the pronotes were executed in favour of the different plaintiffs by Pannalal, another partner of Surajmal Manilal Firm. All the 5 suits were heard together and were governed by one common judgment. In respect of the first 2 suits, the valuation being low appeals were preferred before the District Judge. In the latter three suits, the value being appealable to this Court, three appeals were filed before this Court. First appeal No. 82/58 arises out of money suit No. 75/52; First appeal No. 83/58 arises out of Money Suit No. 84/52; First appeal No. 84/58 arises out of the Money Suit No. 110/52. All these three appeals in this Court were made analogous and were heard together, and will be governed by this common judgment.

(2.) THE plaintiffs in the three suits before us, though different, the defendants were common to all the suits. Defendant No. 1 in all these suits is a firm Surajmal Manilal. THE other defendants being members of the family of Surajmal and Manilal are said to be partners of the above firm. Surajmal died in 1946 and Manilal died on the date on which the Money Suit No. 75 of 1952 was filed, and before Money Suits Nos. 84 and 110 of 1952 were filed in 1952. Surajmal's son Bajranglal and his brother Pannalal are defendants. Tulsiram and Biswambar Dayal are the brother's sons of Manilal. THEy along with the sons of Manilal were added as defendants. All the three suits were based on three pro-notes, Exts. 4, 6 and 10, each for Rs. 5,000/- in respect of the three different plaintiffs and all the suit-pro-notes were executed by Pannalal on behalf of Surajmal Manilal Firm in the year 1949. Exhibit 6 was executed on April 21, 1949. Exhibit 10 was executed on July 20, 1949 and Exhibit 4 on May 26, 1949.

(3.) MR. Roy argued that the partnership stood dissolved immediately after the death of Surajmal. He referred to clause (C) of section 42 of the Indian Partnership Act;