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Nazir Ahamad, Administrator to the Estate of Late Moulvi KhabiruddIn Vs. Ragbat Ali - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in53Ind.Cas.478
AppellantNazir Ahamad, Administrator to the Estate of Late Moulvi Khabiruddin
RespondentRagbat Ali
Excerpt:
civil procedure code (act v of 1908), order xxxi, rules 1, 2 - administrator, one of several, suit by, to recover rent, maintainability of--consent of other administrators. - .....a suit for rent. it was decreed by the first court, but dismissed by the lower appellate court on the ground that the plaintiff, who was one of the four administrators to the estate of moulvi khabiruddin, could not maintain the suit in the absence of the other three persons who joined him in taking out the letters of administration. in our opinion, any defect which could have arisen from the absence of the other three persons was cured by making them pro forma defendants and by their giving consent in their capacity as pro forma defendants to the plaintiff continuing the suit.2. we accordingly reverse the judgment and decree of the lower appellate court and remand the case for a decision on the second issue that arose before the lower appellate court as to the amount of rent payable by.....
Judgment:

1. This appeal arises out of a suit for rent. It was decreed by the first Court, but dismissed by the lower Appellate Court on the ground that the plaintiff, who was one of the four administrators to the estate of Moulvi Khabiruddin, could not maintain the suit in the absence of the other three persons who joined him in taking out the Letters of Administration. In our opinion, any defect which could have arisen from the absence of the other three persons was cured by making them pro forma defendants and by their giving consent in their capacity as pro forma defendants to the plaintiff continuing the suit.

2. We accordingly reverse the judgment and decree of the lower Appellate Court and remand the case for a decision on the second issue that arose before the lower Appellate Court as to the amount of rent payable by defendant No. 1. After hearing the case on this point, the lower Appellate Court will finally dispose of the appeal according to law. Costs of this appeal will abide the result.

3. As we have held that the appeal lies in this case, the connected Rule is discharged as being unnecessary.


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