MT ATTORMONI DASI Vs. RAMESH CHUNDER BOSE

JUDGEMENT

(1.) This is an application on behalf of Ramesh Chunder Bose, an attorney of the Court, for an order under Chap. 38, Rule 59 of the Rules of Court, that the plaintiffs, Mt. Attormoni Dasi and Ashutosh Dhur, do pay him a sum of Rs. 23,755-3-0 being the balance of his taxed costs in this suit. The history of the suit, which is one for the administration of the estate of Pitambar Dhur, deceased, is as follows: Pitambar Dhur, the testator, died on 21 October 1897, leaving him surviving his two sons, the defendants Bepin Behary Dhur and Kali Charan Dhur, and four grandsons, the sons of his predeceased eldest son Narayan Chandra Dhur, the husband of the plaintiff Mt. Attormani Dasi, viz. Nabin Chandra, Ashutosh, Purna and Shibnatb. Ashutosh is one of the plaintiffs, Nabin Chandra, a defendant. Purna Chandra and Shibnath are dead. The former is represented by the defendant Mt. Sushila Sundari Dassi, his wiclow, and the latter by the female plaintiff, his mother. Pitambar's widow, Mt Sarat Coomari Dassi, is also a defendant.

(2.) On 3 December 1897 application was made for the probate of the testator's will. A caveat was entered and the matter set down as a contentious cause, being numbered 3 of 1898. In the initial stages of the testamentary suit the attorney for the plaintiff in this suit were the firm of Kally Nath Mitter and Sarvadbicary, but some time in 1901 there was a change from that firm to Romesh Chunder Basu, the applicant in this case. The testamentary suit was settled and a consent decree made therein on 30 May 1904, probate of the will being granted and an order made that costs of all parties do come out of the estate.

(3.) On 2 December, of the same year this suit for administration was instituted, the applicant again acting as attorney for the plaintiffs Ashutosh and Mt. Attormani.