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Geereeballa Dabee and anr. Vs. Chunder Kant Mookerjee and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1885)ILR11Cal213
AppellantGeereeballa Dabee and anr.
RespondentChunder Kant Mookerjee and ors.
Excerpt:
civil procedure code - act xiv of 1882, section 30--suit by legatees on behalf of themselves and other legatees--parties--costs against next friend. - .....the suit on that ground, stating, however, that he would have been unwilling to dismiss the suit on such a ground if he had thought that there was any substance in the plaintiffs' case, but as mr. pugh had rested his case on the pleadings and had called no evidence, there was no ground for thinking that the suit was a substantial one; and as the next friend of the plaintiff had had an opportunity of calling evidence and of satisfying the court that the suit was one really for the benefit of the infants, but had chosen to adduce no evidence, the suit must be dismissed with costs against him personally, khantomoney bearing her own costs.
Judgment:

Wilson, J.

1. In delivering judgment, stated that he wag of opinion that the technical objection to the suit was a valid one, the suit being one purporting to be brought under Section 30 of the Code, and, as such, only permissible when leave to sue in that way had been obtained. He therefore dismissed the suit on that ground, stating, however, that he would have been unwilling to dismiss the suit on such a ground if he had thought that there was any substance in the plaintiffs' case, but as Mr. Pugh had rested his case on the pleadings and had called no evidence, there was no ground for thinking that the suit was a substantial one; and as the next friend of the plaintiff had had an opportunity of calling evidence and of satisfying the Court that the suit was one really for the benefit of the infants, but had chosen to adduce no evidence, the suit must be dismissed with costs against him personally, Khantomoney bearing her own costs.


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