LAWS(CAL)-1956-7-2

SARAT CHANDRA BHATTACHARJEE Vs. RABINDRA NATH GHOSH

Decided On July 11, 1956
SARAT CHANDRA BHATTACHARJEE Appellant
V/S
RABINDRA NATH GHOSH Respondents

JUDGEMENT

(1.) The original appellant Sarat Chandra Bhattacharjee, since deceased, was the defendant in a suit under Section 92, Civil P. C. read with Order 1, Rule 8 of the Code. The suit was decreed and he filed the present appeal.

(2.) Sarat died during the pendency of the appeal in this Court and the present appellants who are three of his sons along with their eldest brother Hrishikesh who is respondent 4 were substituted in his place.

(3.) The suit was brought on 9-7-1943. It was once dismissed by the learned District Judge on a preliminary ground but the said dismissal was set aside by this Court on 17-3-1949 and at the re-hearing after remand the suit has been decreed by the learned Subordinate Judge.