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Kali Narayan Roy Choudury and ors. Vs. Haran Chandra Ghose and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in62Ind.Cas.714
AppellantKali Narayan Roy Choudury and ors.
RespondentHaran Chandra Ghose and ors.
Excerpt:
civil procedure code (act v of 1908), order xxii, rule 4 - torts--damages--appeal against joint wrongdoers--death of one wrong-doer--representative of deceased necessary party. - .....pointed out that two infants, jahiruddin and rajani pal, are not represented here. it is not disputed that these allegations are well founded, it has been suggested, however, that the appeal can proceed in the absence of these parties. we are unable to entertain this view: the suit as framed was a suit for damages for tort against all wrong doers, and it is not open to the plaintiff-appellant to contend that he can now proceed against some of them at his choice.2. the result is that this appeal is dismissed with costs.fletcher, j.3. i agree.
Judgment:

Mookerjee, Acting C.J.

1. A preliminary objection has been taken on behalf of the respondent that in the events which have happened the suit cannot proceed: It is pointed out in the first place that one of the respondents, Banu Chand Bibi, died more than six months ago and no one has been substituted in her place. It is further pointed out that two infants, Jahiruddin and Rajani Pal, are not represented here. It is not disputed that these allegations are well founded, It has been suggested, however, that the appeal can proceed in the absence of these parties. We are unable to entertain this view: The suit as framed was a suit for damages for tort against all wrong doers, and it is not open to the plaintiff-appellant to contend that he can now proceed against some of them at his choice.

2. The result is that this appeal is dismissed with costs.

Fletcher, J.

3. I agree.


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