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Raja Krista Das Law and ors. Vs. Kumar Khirada Kanta Roy - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in51Ind.Cas.160
AppellantRaja Krista Das Law and ors.
RespondentKumar Khirada Kanta Roy
Cases ReferredVeerappa Chetty v. Tindal Ponen
Excerpt:
suit against dead person, maintainability of - legal representatives, substitution of. - .....of the heirs of the defendant who was dead at the time of the institution of the suits. the decisions of the courts show that the plaintiffs were not entitled to do so. the decision in this court of a bench consisting of sir barnes peacock and mr. justice d.n. mitter in the case of mohun chunder koondoo v. azeem gazee chowkeedar 12 w.r. 45 ; 3 b.l.r.a.c.j. 233 and the decision of the high court of madras in the case of veerappa chetty v. tindal ponen 31 m. 86 ; 17 m.l.j. 551 ; 3 m.l.t. 12 show quite clearly that the course adopted by the plaintiffs was wrong.2. that being so, the present appeals fail and are dismissed with costs.
Judgment:

Ernest Fletcher, J.

1. These appeals are preferred against a decision of the learned Subordinate Judge of Jessore, dated 12th August 1916, reversing a decision of the Munsif of the same place. The plaintiffs brought these suits for rent. What has been found is this that the defendant was dead at the date of the institution of the suits. The plaintiffs, however, have deliberately gone on with the cases, applying for the substitution of the heirs of the defendant who was dead at the time of the institution of the suits. The decisions of the Courts show that the plaintiffs were not entitled to do so. The decision in this Court of a Bench consisting of Sir Barnes Peacock and Mr. Justice D.N. Mitter in the case of Mohun Chunder Koondoo v. Azeem Gazee Chowkeedar 12 W.R. 45 ; 3 B.L.R.A.C.J. 233 and the decision of the High Court of Madras in the case of Veerappa Chetty v. Tindal Ponen 31 M. 86 ; 17 M.L.J. 551 ; 3 M.L.T. 12 show quite clearly that the course adopted by the plaintiffs was wrong.

2. That being so, the present appeals fail and are dismissed with costs.


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