HARI DASI DEBI Vs. DHARAJ CHANDRA BOSE

JUDGEMENT

(1.) A preliminary objection was taken as to the competence of the plaintiff to bring this appeal or indeed to sue at all in respect of this estate on the ground that the estate had passed out of her hands by sale under a mortgage decree.

(2.) This sale in execution, however, was held on the 19 June 1907 and the Revenue sale now in dispute was held on the 26 March 1907.

(3.) The decree on the mortgage has, moreover, been impugned in a Regular suit and the matter has been carried to His Majesty in Council. We are asked to postpone the hearing of this appeal until the decision of their Lordships of the Privy Council in the suit to set aside the mortgage decree.