ADJAI COAL COMPANY LIMITED Vs. PANNA LAL GHOSH

JUDGEMENT

(1.) In this action which was instituted on September 22, 1919, the plaintiffs, who are appellants in the leading appeal, sue in respect of a trespass into their coal mine by the principal defendants, who carry on business under the name of the Nandi Coal Association, the lessees of an adjacent mine, and who are respondents Nos. 1 to 6 in the leading appeal.

(2.) The relief claimed in the action was:

(3.) The original defendant No. 1 having died, the present defendant and respondent No. 1 was brought on the record, and on December 8, 1921, filed an additional written statement of defence. Prior to this the issues had been adjusted and they were not subsequently amended. In view of a point raised in the additional statement, Andrew Yule & Co., Ld., the present respondents No. 7, were added as pro-forma defendants, on the application of the plaintiffs.