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Jugal Kishore Vs. Hulasiram and anr. - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Judge
Reported in(1886)ILR8All264
AppellantJugal Kishore
RespondentHulasiram and anr.
Excerpt:
partnership - joint hindu family--suit by one member for debt due to family firm. - brodhurst and tyreell, j.1. we cannot interfere. the appellant stands in this position that he has declared the firm to which the debt is due to be ancestral, and he has asserted that the control of its business is in the hands of his sons jointly. he calls them 'maliks' (proprietors). from either point of view, then, he cannot sustain this suit in his own individual capacity. his sons are his partners in the ancestral business, and he is not the managing member or proprietor.2. we dismiss the appeal with costs.
Judgment:

Brodhurst and Tyreell, J.

1. We cannot interfere. The appellant stands in this position that he has declared the firm to which the debt is due to be ancestral, and he has asserted that the control of its business is in the hands of his sons jointly. He calls them 'maliks' (proprietors). From either point of view, then, he cannot sustain this suit in his own individual capacity. His sons are his partners in the ancestral business, and he is not the managing member or proprietor.

2. We dismiss the appeal with costs.


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