JYOTIRINDRA NATH CHOWDHURY Vs. PRATIMA RANI DEBI

JUDGEMENT

(1.) The present Rule is directed against Order No. 47 dated April 4, 1966, passed by the Subordinate Judge, Third Court at Alipore, 24 -Parganas, in Other Suit No. 175 of 1965. By the said order, Sri Ramesh Chandra Ganguli, Advocate, has been appointed as administrator pendente lite on the application of the opposite party No. 1 under Sec. 247 of the Indian Succession Act. According to the Petitioner, there was no necessity for appointing any administrator pendente lite. He, therefore, moved the High Court under Sec. 115 of the Code of Civil Procedure against the aforesaid order appointing Sri Ramesh Chandra Ganguli as administrator pendente lite and the present Rule was issued on January 13, 1966, on that application.

(2.) The material facts are stated below: On June 3, 1954, the, opposite party No. 1, Sm. Pratima Rani Debi, as the next friend and natural guardian of her minor son Ashim Chand Roy, opposite party No. 1(a), filed an application in the Court of the District Judge, Alipore, 24 -Parganas, for the grant of letters of administration to the estate of deceased Sripati Charan Choudhury, being Act XXXIX Case No. 15 of 1964 of the said Court. The said case having become contentious, was at first numbered as Other Suit No. 35 of 1965 and was, thereafter, transferred to the Third Court of the Subordinate Judge at Alipore and renumbered as Other Suit No. 175 of 1965.

(3.) Sripati Choudhury died on December 30, 1952. According to the opposite party No. 1, Sripati Choudhury left behind a will dated January 17, 1952. The original will is not forthcoming. The opposite party No. 1 says that it has been stolen. The opposite party No. 1(a), Ashim Chand, is a legatee under the said will.