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Court of Wards, Durga Prosad Sen Gupta and ors. Vs. Madhab Krishna Nandy and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1928Cal824,110Ind.Cas.871
AppellantCourt of Wards, Durga Prosad Sen Gupta and ors.
RespondentMadhab Krishna Nandy and ors.
Excerpt:
- 1. this appeal arises out of a suit for rent. the plaintiffs are the appellants to this court. it would appear that the suit was brought by a manager under the court of wards on behalf of a number of persons. it would further appear that the suit was actually decided by the subordinate judge in appeal on 9th january 1925. on 11th january 1925, hat is, before the appeal was filed in this court which was done on 23rd march 1925, one of these disqualified proprietors, durga prosad sen gupta, died. ono attempt was made to bring his heirs on the record before the appeal was filed; and the appeal was filed in his name by the manager although at the time he was actually dead. an application was made on 9th november 1925, for the substitution of his heirs. this application was rejected. the.....
Judgment:

1. This appeal arises out of a suit for rent. The plaintiffs are the appellants to this Court. It would appear that the suit was brought by a manager under the Court of Wards on behalf of a number of Persons. It would further appear that the suit was actually decided by the Subordinate Judge in appeal on 9th January 1925. On 11th January 1925, hat is, before the appeal was filed in this Court which was done on 23rd March 1925, one of these disqualified proprietors, Durga Prosad Sen Gupta, died. Ono attempt was made to bring his heirs on the record before the appeal was filed; and the appeal was filed in his name by the manager although at the time he was actually dead. An application was made on 9th November 1925, for the substitution of his heirs. This application was rejected. The position, therefore, is that one of the co-sharer landlords is not an appellant in this appeal. The suit being a suit for rent the appeal in its present from is incompetent. The appeal, therefore, stands dismissed with costs.


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