ZANKARSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is plaintiff's appeal against the decree passed by the Additional District judge, Balaghat, in Civil Suit No. 15-B of 1949, dismissing his suit for recovery of damages.

(2.) BY virtue of the State Government notification No. 3814-2447-XII, the estate of the plaintiff-appellant was placed in charge of the Court of Wards with effect from 8-12-1930. Its superintendence terminated on 16-4-1946 when the estate was returned to the plaintiff. During this period, decrees were obtained against persons owing money to the estate. The case of the plaintiff was that decrees as per schedules A and B, amounting to Rs. 11,689-10-9 were negligently allowed to be barred by limitation. He accordingly filed the suit, out of which this appeal arises, for recovery of the said amount.

(3.) THE suit was instituted principally against the State of Madhya Pradesh. The deputy Commissioner, Balaghat, was also joined as a defendant as representing the Court of Wards. The defendants contended that the Manager, Court of Wards, who was in actual charge of the estate should be added as a defendant. The lower court, by order dated 20-3-1950, however, negatived the contention that he was a necessary party. The suit accordingly proceeded against the two defendants alone.