JADUNATH ROY Vs. BANK OF CALCUTTA LTD

JUDGEMENT

(1.) The petitioners before us who are the plaintiffs in suit No. 42 of 1946 pending in the Court of the Fifth Subordinate Judge Alipore, filed a suit for partition against the defendant bank which has its registered office at No. 3, Mangoe Lane, Calcutta, for partition of certain immovable properties.

(2.) A preliminary decree by consent was passed on the 24th June, 1948 and a commissioner for partition was appointed.

(3.) It appears that in respect of certain properties, the plaintiffs by subsequent transfer became the sole owners. No question arises as to the partition of these properties.