LAWS(PVC)-1920-6-1

RUHINI NANDAN GHOSE Vs. RAJENDRA NATH GHOSE

Decided On June 01, 1920
RUHINI NANDAN GHOSE Appellant
V/S
RAJENDRA NATH GHOSE Respondents

JUDGEMENT

(1.) The main question raised in the appeal is, whether the decree absolute for sale made on the 6th June 1903 in a suit on a mortgage was a nullity.

(2.) It appears that a preliminary decree on the mortgage was passed on the 27th February 1902 against the mortgagors, Preonath and Amulya, a minor who was represented by his guardian, Preonath, On the 12th July 1903;, Preonath died but his heirs were not substituted on the record nor was any guardian ad litem appointed with respect to the minor Amulya. The decree absolute was made on the 6th june 1903; the property was sold on the 11th August 1903 under that decree and the sale was confirmed on the 5th September 1903. The present suit was instituted on the 16th August 1915 by the heirs of Preonath for a declaration that the decree absolute and the proceedings held there under were void.

(3.) The first Court dismissed the suit. On appeal the lower Appellate Court gave the plaintiff a decree.