RAJA SATI PROSAD GORGA BAHADUR Vs. SANATAN DHARA

JUDGEMENT

(1.) This appeal arises out of proceeding under Section 105 of the Bengal Tenancy Ant for settlement of rents.

(2.) In the Record of Rights, which was finally published on the 12th March 1917, Raja Sati Prosad Garga and Raja Gopal Prasad were recorded as the landlords. The family is governed by the Mitakshara School of Hindu Law. The application under Section 105 (Sub-section 1) was made on the 20th April 1917 by Raja Sati Prosad, Raja Gopal Prasad, and an infant son of Raja Sati Prasad, who was born prior to the date of the final publication of the Record of Rights, It appears that on the 15th April 1917 a son was born to Raja Gopal Prasad, and an application was made on the 9th June 1917 for amendment of the original application (presented on the 20th April 1917) by the addition of the infant who may be sailed as the plaintiff No. 4.

(3.) Objections were raised on behalf of the defendants on the ground that the application was time--barred so far as the plaintiff No. 4 was concerned, as an application under Section 105 had to be made within two months, of the date of the certificate of final publication of the Record of Rights which, as stated above, was the lath March 1917 and the application for amendment was not made until the 9th June 1917, and the application under Section 105 was, therefore, bad by reason of the omission to join the plaintiff No. 4. The Court of first instance disallowed the objections. On appeal the learned District Judge allowed the objections, and the plaintiffs have appealed to this Court.