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Reajaddi Sarkar Vs. Ganga Charan Bhattacharjya and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in53Ind.Cas.863
AppellantReajaddi Sarkar
RespondentGanga Charan Bhattacharjya and ors.
Excerpt:
evidence act (i of 1872), section 32 - recitals in documents not inter partes, admissibility of--objection to admissibility not taken in trial court, whether can be taken in appellate court. - newbould, j.1. in the suit out of which this appeal arises the plaintiff no. 1 sought to recover possession of a plot of land after he obtains thereby an interest in the whole 16 annas. the dispute between him and defendants nos. 10 and 11 is quite unconnected with the dispute between him and the defendant no. 1. if his case against defendant no, 1 failed on the merits, the compromise would give him no advantage. if he succeeded in establishing his case as against defendant no. 1, all that the compromise did was to give the defendants nos. 10 and 11 benefit of the decree obtained by plaintiff no, 1 which they would otherwise have lost on being transferred from the category of plaintiffs to that of defendants.2. the appeal fails on both the points urged and is dismissed with costs.
Judgment:

Newbould, J.

1. In the suit out of which this appeal arises the plaintiff No. 1 sought to recover possession of a plot of land after he obtains thereby an interest in the whole 16 annas. The dispute between him and defendants Nos. 10 and 11 is quite unconnected with the dispute between him and the defendant No. 1. If his case against defendant No, 1 failed on the merits, the compromise would give him no advantage. If he succeeded in establishing his case as against defendant No. 1, all that the compromise did was to give the defendants Nos. 10 and 11 benefit of the decree obtained by plaintiff No, 1 which they would otherwise have lost on being transferred from the category of plaintiffs to that of defendants.

2. The appeal fails on both the points urged and is dismissed with costs.


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