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Beer Chunder Manikya Vs. Ishan Chunder Burdhun and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal136
AppellantBeer Chunder Manikya
Respondentishan Chunder Burdhun and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 432 - suit by independent prince in british india--recognized agent for institution of suit. - mcdonell, j.1. we think that the court below is wrong in holding that section 432 of the code of civil procedure prevents the institution of a suit by the maharajah in his own name, and through a recognized agent other than one appointed under that section. in the present suit the maharajah has not sued as the independent rajah of hill tipperah, but as zamindar of chakla roshanabad, etc. the judgment to which the subordinate judge refers was a suit which was brought against the maharajah qua maharajah of independent tipperah, in respect of a subject of which our courts could not take cognizance. the order of the lower court is therefore reversed, and the suit will be tried by the subordinate judge.
Judgment:

McDonell, J.

1. We think that the Court below is wrong in holding that Section 432 of the Code of Civil Procedure prevents the institution of a suit by the Maharajah in his own name, and through a recognized agent other than one appointed under that section. In the present suit the Maharajah has not sued as the independent Rajah of Hill Tipperah, but as Zamindar of Chakla Roshanabad, etc. The judgment to which the Subordinate Judge refers was a suit which was brought against the Maharajah qua Maharajah of Independent Tipperah, in respect of a subject of which our Courts could not take cognizance. The order of the lower Court is therefore reversed, and the suit will be tried by the Subordinate Judge.


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