1962 (6) TMI 59 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the sarkat notes of 1953 and 1956 amount to acknowledgments under Article 1 of Schedule I of the Stamp Act or Section 19 of the Limitation Act.
2. Whether the suit by the plaintiff without impleading his sisters is legally maintainable.

Issue-Wise Detailed Analysis:

1. Acknowledgment under the Stamp Act or Limitation Act:

The court first considered whether the sarkat notes of 1953 and 1956 were acknowledgments under Article 1 of Schedule I of the Stamp Act or merely acknowledgments under Section 19 of the Limitation Act. It was established that the original sarkat note of 1950 had been admitted in evidence without objection. The subsequent sarkat notes were used to bring the suit within the limitation period and to base the claim on them. The court clarified that an acknowledgment under Section 19 of the Limitation Act merely acknowledges liability, whereas an acknowledgment under the Stamp Act must supply evidence of the debt and be left in the creditor's possession. The court concluded that the dominant intention behind the 1953 and 1956 sarkat notes was not to supply evidence of the debt but to acknowledge liability, thus falling under Section 19 of the Limitation Act. Consequently, the documents were admissible in evidence, providing a fresh cause of action, and the suit was within time.

2. Legal Maintainability of the Suit without Impleading Sisters:

The court then addressed whether the suit was maintainable without including the plaintiff's sisters, who were heirs under the Hindu Succession Act. It was noted that the plaintiff and his deceased father formed a joint Hindu family, and upon the father's death, his interest in the property devolved by succession under the Act, not by survivorship. This devolution included the plaintiff's married sisters, who inherited a share of the property. The court emphasized that the Hindu Succession Act introduced new heirs and heirships, affecting the representative character of the karta. Since the plaintiff did not represent the interests of his sisters, the suit was considered defective in its frame. The court upheld the dismissal of the suit by the lower courts on these grounds, though it acknowledged the plaintiff's claim was proven.

Conclusion:

The appeal was dismissed, with the court noting the technical grounds for the suit's failure due to the absence of proper parties. The court made no order as to costs, recognizing the evolving understanding of the Hindu Succession Act's implications.