PROBODH CHANDRA CHAKRAVARTY AND OTHERS Vs. BHARAT LOAN CO., LTD. AND OTHERS

JUDGEMENT

(1.) THE plaintiff Bharat Loan Company Limited is a money lending concern. Previously it was known as Cachar Marine Fire Insurance and Banking Co. Subsequently its name was changed into Bharat Banking Co. Ltd. and then into Bharat Loan Co. Ltd. Prafulla Chakravarty, Promode Chandra Chakravarty and Probodh Chandra Chakravarty were three brothers.

(2.) THE trial Court decreed the suit against the assets of late Probodh Chandra Chakravarty and late Promode Chandra Chakravarty in possession of the defendants.

(3.) THE contention of the appellants is that the suit is barred by limitation and secondly that Probodh and Promode were not members of the Hindu joint family, nor was the business carried on by the joint family. Regarding the questions of limitation it is urged that the account was neither a mutual, open and current account nor was there any valid acknowledgment made by Probodh Chandra Chakravarty so as to make the defendants liable to repay the loan advanced by the plaintiff.