PURNA CHANDRA SINGHA Vs. SAROJENDRA KUMAR DUTTA

JUDGEMENT

(1.) This is an appeal on behalf of the plaintiff, and it arises out of a suit brought by him under Rule 63, Order 21, Civil P.C., and is directed against an order of dismissal of a claim preferred by him in certain execution proceedings.

(2.) To appreciate the points in issue, it will be necessary to refer to some of the circumstances under which the suit came to be filed.

(3.) One Gopal Chandra Sinha, father of the plaintiff who was in possession of extensive properties leaving a testamentary disposition. There executors were named by him. In 1931, the plff. Purna Chandra Singha filed a suit in the Original Side of this Court against his father's executors for various reliefs, including the administration of the estate left by Puma's mother, for recovery of certain properties belonging to the latter and some other reliefs. This suit was decreed in June 1933, allowing certain specific claims in favour of the plaintiff. Under the decree, further enquiries were to be made and certain accounts taken. The reference was continued before the Assistant Referee in the Original Side of this Court, and a report was in due course filed some time later. Exceptions were taken to the report as submitted, and after the hearing had proceeded, cerain terms of compromise were filed and a consent decree was passed. The exceptions which were pending before the Court were not pressed. The report by the Assistant Referee was confirmed. The executors defendants became entitled to get the costs of that suit, including the reference, from out of the estate of Gopal Chandra Singha. The plaintiff Purna was allowed to pay the costs out of the estate of his mother Madhabmohini.