9911796707
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Issues Involved:
1. Limitation of the suit. 2. Liability of the partnership firm for promissory note amounts. 3. Validity and acknowledgment of liability in Ext. A8. 4. Interpretation of promissory notes under the Negotiable Instruments Act and the Partnership Act. Issue-wise Detailed Analysis: 1. Limitation of the Suit: The defendants contended that the suit was barred by limitation. However, the trial court held that the plea of limitation was not available to the defendants since there was an acknowledgment of the liability as per the promissory notes by defendants 1, 2, and 3 in an agreement dated 27-12-1970 (Ext. A8). The court confirmed this finding, stating, "We confirm this finding," thus holding that the suit was not barred by limitation due to the acknowledgment of liability in Ext. A8. 2. Liability of the Partnership Firm for Promissory Note Amounts: The trial court relied upon Section 19 of the Partnership Act to hold that the promissory notes were executed and amounts raised for the partnership firm consisting of defendants 1, 2, and 3, and therefore all the defendants were liable for the amount. However, the appellants argued that the promissory notes did not show that the amounts were raised for the partnership firm, and the account books of the firm did not reflect receipt of the promissory note amounts. The court noted that "the mere fact that a note is drawn on the letterhead of a firm or a mere description of the executant as the partner of the firm will not be sufficient to create liability on the other partners or on the firm." 3. Validity and Acknowledgment of Liability in Ext. A8: The court examined the statements contained in Ext. A8 to determine whether it amounted to an acknowledgment of liability. Ext. A8 was an agreement entered into by defendants 1 to 4 in the presence of P. Ws. 1 and 2, admitting their liability to pay the amounts due to the plaintiff. The court found that "the liability shown as No. 5 represents promissory notes amount also," and thus, the trial court was justified in holding that defendants 1 to 3 had acknowledged their liability to pay amounts due to the plaintiff, including the promissory notes amounts. 4. Interpretation of Promissory Notes under the Negotiable Instruments Act and the Partnership Act: The court discussed the application of the Negotiable Instruments Act and the Partnership Act. It emphasized that "the law as to negotiable instruments is different from the rule of law applicable to simple contracts in writing." The court cited several precedents to illustrate that a negotiable instrument must indicate on its face the persons who are bound for its payment. The court concluded that "the mere use of a letter-head, it was held, did not by itself lead to an inference that there was an undisclosed principal which was bound by the promissory notes." The court held that the promissory notes in question did not sufficiently disclose the firm's liability. Therefore, "the court below was not justified in passing a decree against all the defendants." Consequently, the court decreed that only the executants of the notes-defendants 1 and 2-were liable. Specifically, there would be a decree against the 1st defendant for the amounts covered by Exts. A1 to A4, and a decree against the 1st and 2nd defendants for the amount covered by Ext. A5. Conclusion: The appeal against the plaintiff by the 1st defendant failed, while the 3rd defendant succeeded in the appeal, and the 2nd defendant succeeded in part. The court directed the parties to bear their own costs.
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