UMA SHANKAR PRASAD NARAIN SINGH Vs. UNION OF INDIASARASWATI DEVI

JUDGEMENT

(1.) This appeal by defendant No. 1, is from an ex parte decree, passed by the Court below, against the appellant alone, on the 17th of November, 1952. (1a) This appeal arises out of a money suit brought by the plaintiffs-respondents for recovery of Rs. 11,500/- including interest, on the basis of Bahi Khata accounts, Exhibits 1 and 1(a), against defendant No. 1 the appellant, and, also against his mother, defendant No. 3, and, his minor brother, defendant No. 2.

(2.) The plaintiffs' case was this: Bidya Prasad Narayan Singh, father of defendants 1 and 2 and husband of defendant No. 3, used to purchase clothes on credit and also take loans in cash from the plaintiffs from time to time. Bidya Prasad Narayan Singh died on the 8th September, 1944.

(3.) After making 3.11 account of the transaction between the plaintiffs and Bidya Prasad Narayan Singh between the 5th and 6th September, 1944. Rs. 5,561-13-9 pies was due from Bidya Prasad Narayan Singh. After his death defendant No. 1 took from the plaintiffs on the 8th and 10th September, 1944 a sum of Rs. 200-15-6 pies. Thus, on the 10th of September, 1944, the plaintiffs' dues had amounted to Rs. 7,150. On the 12th of February, 1945, defendant No. 1 verified all the accounts and made an endorsement to that effect upon the statement of accounts shown to him. Defendant No. 1 found that he was liable to the plaintiffs for Rs. 7,150 and be admitted and acknowledged in writing signed by him on the 12th of February, 1945, a liability of Rs. 7,150, Exhibit 1.