High CourtsDivision Bench

Jugal Kishore vs Hulasiram and Another

Allahabad High Court · Decided on 30 April 1886 · Citation: (1886) ILR (All) 264

HON’BLE JUDGES
Tyrrell, J · Brodhurst, J
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Judgment

2 paragraphs · 91 words

Brodhurst and Tyreell, J.—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.