PROVAT CHANDRA COOMAR Vs. RABINDRA NATH COOMAR

JUDGEMENT

(1.) THERE are two applications before me one by the plaintiff for withdrawal of the suit and for discharge of the Receiver, the other by the legal representative of the deceased defendant Rabindra Nath Coomar inter alia for setting aside the abatement and for substitution.

(2.) THE suit was instituted by the plaintiff for partition. The joint family estate consists of various properties including extensive paddy lands in the village of Hatni in the District of Hooghly. After the institution of the suit, the Official Receiver was appointed Receiver of about 4000 maunds of paddv amongst other properties. Except Charubala all the other defendants have entered appearance and filed their respective written statements. Thesuit, I understand, is now ready for hearing and is appearing in the Prospective List.

(3.) ON July 20, 1959 the plaintiff took out a notice of motion asking leave to withdraw the suit and praying that the Official Receiver be discharged from further acting as Receiver. This application is being supported by the defendants Nos. 4 to 12 and is being opposed by the defendant No. 2, the other defendants, namely, Rabindra and Charubala having already died. Thereupon the heirs and legal representatives of the defendant Rabindra took Out a summons asking that the abatement of the suit be set aside, that the death of the defendants Charubala and Rabindra be recorded and that the applicants be substituted as heirs and legal representatives of Rabindra. These are the two applications now before me and this judgment disposes of both the applications.