1928 (2) TMI 15 - HC - Indian Laws

Summary

Issues Involved:
1. Liability of Padhye as a partner or owner of the second defendant firm.
2. Liability of the first defendant Athale on the hundis.
3. Interpretation of the hundis and whether they bind the alleged partnership or owner.
4. Whether the suit was brought solely on the hundis or on any other cause of action.
5. Request for amendment of the plaint to include an alternative claim for moneys lent.

Detailed Analysis:

1. Liability of Padhye as a Partner or Owner of the Second Defendant Firm:
The court examined whether Padhye was a partner with the second defendants or held himself out as a partner. The learned Judge found that Padhye was neither a partner nor held himself out to be one but concluded that he was the owner. This led to a decree for Rs. 4891 against Padhye for debt and interest. On appeal, Padhye argued that he was merely a creditor and not the owner, and that the judgment declaring him as the owner was made without giving him an opportunity to respond. The appellate court found that the true position of Padhye was irrelevant since the hundis did not bind him as a partner or owner.

2. Liability of the First Defendant Athale on the Hundis:
Athale had obtained conditional leave to defend but failed to comply, resulting in an undefended suit against him. The court still needed to be satisfied of his liability, which it was, leading to a decree against him. The appellate court upheld this decree, noting that the hundis were clearly a promissory note by Athale, who signed as "Managing Proprietor, Gangadhar & B. Friends," which was deemed a description of his occupation and business address, making him personally liable.

3. Interpretation of the Hundis and Whether They Bind the Alleged Partnership or Owner:
The court referred to the principles established in English and Indian law, notably the case of *Sadusuk Janki Das v. Kishan Pershad*, which emphasized that liability on a negotiable instrument requires the name of the person liable to appear clearly on the document. The hundis in question, signed "G.V. Athale, Managing Proprietor," did not indicate that they were signed on behalf of a partnership or another entity. Thus, the court concluded that Athale was personally liable, and the alleged firm or owner was not bound by the hundis.

4. Whether the Suit Was Brought Solely on the Hundis or on Any Other Cause of Action:
The court analyzed the plaint and determined that the suit was brought solely on the hundis. The nature of the suit being a summary suit did not alter this conclusion. Consequently, the plaintiffs' case against Padhye failed since the hundis did not bind him.

5. Request for Amendment of the Plaint to Include an Alternative Claim for Moneys Lent:
The plaintiffs requested to amend the plaint to include an alternative claim for moneys lent. The court found this inappropriate at such a late stage, as it would introduce a new cause of action requiring extensive amendments and a new trial. The court cited precedents where amendments were allowed under different circumstances and concluded that allowing such an amendment here would be unjust. Therefore, the request for amendment was denied.

Conclusion:
The appellate court allowed the appeal, discharging the decree against Padhye. The decree against the first defendant Athale stood affirmed. The court also decided that each party should bear their own costs of the suit and the appeal, except for special costs directed by the learned Judge. The decision was influenced by the fact that Padhye succeeded on a point not raised in the lower court, and the complexity of the case was partly due to the documents he executed.