KARIBALA ALIAS KASHIBALA DASI Vs. LAKSHMAN CHANDRA DAS

JUDGEMENT

(1.) THIS appeal is under clause 15 of the Letters Patent, against a judgment of our learned brother, K. C. Sen, J. , dismissing the plaintiff-appellant's suit on the ground of limitation.

(2.) THE suit was brought inter alia, for recovery of possession from the defendants. In the original plaint, the plaintiff was described as Sm. Karibala Dasi, but, in the body of the plaint, there was a clear statement that the property in suit belonged to the deity Sri Sri iswar Sridhar Thakur and Karibala was one of the sebaits. In the suit, there was also a claim by Karibala of her individual right in the disputed property as a lessee under the deity. The suit further contained a prayer for setting aside an order under section 145 of the Code of Criminal procedure, apparently passed against Sm. Karibala in her individual capacity.

(3.) THE contesting defendant objected to the maintainability and frame of the suit upon the ground, inter alia. that, the property being Debottar and karibala being one of the sebaits, the suit was not maintainable at her instance, her individual right in the disputed property, as claimed in the plaint, being denied by the defendant. Upon that objection Karibala applied for amendment of the plaint for describing her, in the heading of the plaint, as suing as sebait of the deity and also in her individual capacity, and for adding the other sebait narayan Chandra Koley as proforma defendant No. 3. This application was allowed by the learned trial Judge and, in revision, the said order appears to have been maintained by this Court.