LAWS(CAL)-1955-8-49

SEFALIBALA DASI Vs. BIRENDRA NATH DAS

Decided On August 25, 1955
Sefalibala Dasi Appellant
V/S
Birendra Nath Das Respondents

JUDGEMENT

(1.) This appeal mainly raises a short point of law.

(2.) In Title Execution Case No. 40 of 1946, of the 3rd Munsiff's Court at Howrah, the decree-holder Bijolibala was reported to have died on March 26, 1950. On August 6, 1950, the present Appellant Sefalibala applied for substitution in place of the deceased decree-holder Bijolibala upon the allegation that she was the said deceased decree-holder's daughter.

(3.) The Respondent-judgment-debtor opposed the above prayer for substitution alleging inter alia, that there was no proof of Bijolibala's death and further that the applicant Sefalibala was not her daughter.