AMRIT NARAYAN ACHARI Vs. SANAT CHOUDHURI

JUDGEMENT

(1.) A very short but substantial point is involved in this application. It is made by the defendant, invoking Order 7 Rule 11 of the Code of Civil Procedure. He wants the plaint to be rejected, as according to him the suit is barred by law.

(2.) The ground is this. This suit was filed in or about Feb., 2011 by Amrit Narayan Achari, the plaintiff. He was the nephew of Dr. Narayan Krishna Achari, who is now dead. Dr. Narayan Krishna Achari was a doctor of considerable repute, residing in the U.S. and practising there and in India. By his last Will and Testament he had appointed Amrit Narayan Achari as the executor. He resides in Houston, Texas, U.S.A. Probate of this will was granted by a U.S. Court. This Court on 3rd Aug., 2010 granted Letters of Administration with a copy of the will annexed to Suprakash Sen. He was described in the Letters as the constituted attorney of Amrit Narayan Achari and the latter was described as the sole executor of the last Will and Testament of Narayan Krishna Achari.

(3.) This suit is about alleged wrongful occupation by the defendant of flat No. 3B, 3rd Floor, 8B Wood Street, Kolkata - 700 016 and for his eviction, for damages and so on.