GOUR MOHAN SEW Vs. GANESH CHANDRA SEN

JUDGEMENT

(1.) THIS is an application on behalf of one of the defendants in an Originating Summons for rehearing of an appeal (being Appeal No. 101 of 1956) disposed of by this Bench on April 13, 1959, the appeal was brought from a decree of Mallick, J. in the summons proceedings.

(2.) THE present application does not purport to be one under section 151 of the Cede of Civil Procedure but is in effect and substance an application under that section inviting this Court to exercise its inherent power to secure the ends of justice and to prevent abuse of the process of the Court. The grounds upon which the application has been based will presently appear from the recital of facts leading to the Originating Summons, its disposal by the trial Judge and the eventual dismissal of the appeal from the decree made by him.

(3.) ONE Bonamally Sen established at his dwelling house at 5, Madan Dutt Lane a Deity Sree Sree Iswar Gopal Jiu and dedicated the premises for its location and worship subject to the right of residence of the shebaits who were his sons and heirs in the male line and their respective families. By a deed of settlement dated December 2, 1902, the premises were so dedicated and they were conveyed to his five sons who became the trusties. Certain terms and conditions were laid down by the settler one of which was that, during his life-time, he would carry on the worship and the periodical festivals and, upon his death, the trustees or the she-baits should continue the worship and the festivals.