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Issues: Recovery of debt from assets of deceased husband, nature of debt (deposit or loan), bar of limitation.
Analysis: 1. The respondent filed a suit to recover a debt of &8377; 13,437-14-6 from the assets of her late husband, consisting of four items, including a mahar claim and amounts paid as deposits for the husband's beedi business. The defendants contested the claim, arguing that the amounts were loans and not deposits, and thus, the suit was barred by limitation. 2. The defendants disputed the nature of the debt, contending that the amounts were loans and not deposits. They also claimed that a sum of &8377; 7000 was the sale proceeds of a shop owned by the husband, not a deposit from the respondent. 3. The lower court found all four items to be true debts owed by the husband, with the first three items considered as deposits and not barred by limitation. The defendants appealed, challenging only the nature of the first three items. 4. The High Court upheld the lower court's findings regarding the first three items, supported by entries in the husband's account books and the respondent's testimony of making the payments. The court rejected the defendants' claims that the amounts were loans, finding no evidence to support their assertions. 5. The court analyzed each item individually, confirming the deposits based on entries in account books and supporting evidence, such as sale deeds and business transfers. The court dismissed the defendants' arguments against the nature of the transactions, emphasizing the evidence presented by the respondent. 6. The court further examined the timing and sources of the payments, concluding that the amounts were indeed deposits made by the respondent to her husband for use in his business. The court found no reason to question the lower court's determination of the nature of the debts. 7. The issue of limitation was raised, with the defendants arguing that the debts were loans and not deposits, impacting the time limit for filing the suit. The court delved into the distinction between loans and deposits, citing legal precedents and highlighting the key differences in repayment obligations. 8. The court clarified the distinction between loans and deposits, emphasizing that deposits do not impose an immediate repayment obligation, unlike loans. The court referred to precedents and stressed that each case's determination depends on the specific facts and circumstances surrounding the transactions. 9. Based on the evidence presented, the court agreed with the lower court's finding that the three items constituted deposits, given the understanding between the parties that the amounts were to be used as capital in the husband's business and repayable on demand. 10. The court rejected the appellants' argument that the transactions were loans based on the husband's need for money, emphasizing that such circumstances alone do not determine the nature of the transactions. The court upheld the lower court's conclusion that the debts were deposits. 11. Consequently, the court ruled that the suit was filed within the applicable time frame, considering the nature of the debts as deposits. The appeal was dismissed, affirming the lower court's decision in favor of the respondent. 12. The appeal was dismissed, and the defendants were ordered to bear the costs of the proceedings. ---
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