1930 (9) TMI 16 - HC - Indian Laws

Summary

Issues:
Recovery of debt on a promissory note from a minor respondent | Liability of respondent as legal representative of deceased mother | Entitlement of plaintiff to a decree against assets of deceased mother in possession of respondent

Analysis:
The second appeal involved a suit for debt recovery on a promissory note executed by the respondent and her deceased mother. The lower courts dismissed the suit, citing the respondent's minority at the time of execution. The appellant argued that the respondent was of legal age when signing the note or should be liable for the assets inherited from her mother. However, the court confirmed the respondent's minority and clarified that she was not a contracting party but a witness to her mother's contract, thus not personally bound by it.

Regarding the liability issue, the appellant sought a decree against the assets of the deceased mother in the respondent's possession. The court noted the appellant's claim of the respondent being the heir and joined issue on this point. The court analyzed the legal definition of a legal representative, emphasizing that possession of assets is not a prerequisite for liability. Citing legal precedents, the court clarified that a decree may be passed against a legal representative without proof of assets, focusing on the right to sue surviving against the representative.

The court addressed the argument that determination of assets should be left to execution, not during the suit. It referred to conflicting opinions from other high courts but emphasized that under Civil Procedure Code, a decree against a legal representative can be passed without proof of assets. The court concluded that the appellant was entitled to relief against any assets of the deceased mother in the respondent's possession, passing a decree accordingly.

Lastly, the court addressed costs, denying the appellant costs from the lower courts due to a false argument and granting only half the costs of the appeal. The judgment highlighted the appellant's right to relief based on admitted facts and legal entitlement, ensuring justice by granting a decree against any assets of the deceased mother held by the respondent.