KARIBALA DASI Vs. LAKSHMAN CHANDRA DAS

JUDGEMENT

(1.) This appeal is under Clause 15 of the Letters Patent against the 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 shebaits. 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 Sec. 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 debattar and Karibala being one of the shebaits, 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 shebait of the deity and also in her individual capacity and for adding the other shebait Narayan Chandra Koley as pro forma 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.