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PulIn Behary Roy and ors. Vs. Abdul Majid and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in44Ind.Cas.911
AppellantPulIn Behary Roy and ors.
RespondentAbdul Majid and ors.
Cases ReferredBal Kissen Das Daga v. Kanhaya Lal
Excerpt:
succession certificate act (vii of 1889), section 4 - succession certificate, whether necessary where one member of a plaintiff firm, dies--civil procedure code (act v of 1908), order xxx, rule 4. - 1. the question for consideration in this rule is whether the rule laid down by this court in the case of ram narain nursing doss v. ram chunder jankee loll 18 c. 86 : 9 ind. dec. (n.s. 58) has been superseded by rule 4 of order xxx. the point came before mr. justice fletcher in the case of bal kissen das daga v. kanhaya lal 21 ind. cas. 509 : 17 c.l.j. 648. we agree with the view taken by mr. justice fletcher that the rule laid down in the case cited no longer applies in view of the provisions embodied in rule 4 of order xxx. rule is, therefore, made absolute in this way. the name of the added plaintiff pulin behary roy will be struck out of the category of the plaintiffs and he will be dismissed from the suit. the claim will be decreed in full and the decree of the court below will be.....
Judgment:

1. The question for consideration in this Rule is whether the rule laid down by this Court in the case of Ram Narain Nursing Doss v. Ram Chunder Jankee Loll 18 C. 86 : 9 Ind. Dec. (N.S. 58) has been superseded by Rule 4 of Order XXX. The point came before Mr. Justice Fletcher in the case of Bal Kissen Das Daga v. Kanhaya Lal 21 Ind. Cas. 509 : 17 C.L.J. 648. We agree with the view taken by Mr. Justice Fletcher that the rule laid down in the case cited no longer applies in view of the provisions embodied in Rule 4 of Order XXX. Rule is, therefore, made absolute in this way. The name of the added plaintiff Pulin Behary Roy will be struck out of the category of the plaintiffs and he will be dismissed from the suit. The claim will be decreed in full and the decree of the Court below will be modified accordingly.


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