RAJ NARAIN MOOKERJEE Vs. FUL KUMARI DEBI

JUDGEMENT

(1.) This was an application to the District Judge of Hooghly by a gentleman who was a surety in an administration bond granted in connection with the estate of his mother, to whose estate his sister was appointed administratrix, and the application was that the Court should call upon the administratrix to furnish a new surety and to release him from the liability under the security bond.

(2.) The applicant's case is this. He admits that he became surety for his sister for the due administration of the mother's estate, to the extent of Rs. 22,000, but he says that the administratrix is wasting the estate, and that he is powerless to stop her by an administration suit or otherwise, as he has no interest in the estate, and he cannot prevail on any of the beneficiaries, who, he alleges, are colluding with his sister against him to take such administration proceedings, and, under such circumstances, he says it is only fair and reasonable that he be discharged. The matter came before the District Judge, who did not go into the matter very fully, but held that ho had no jurisdiction to accede to the application, and accordingly refused it.

(3.) The case then came before this Court about a year ago, and, on consideration, we thought, before deciding the question of law, which was then based upon a hypothetical state of circumstances, that it would be better to ascertain whether in point of fact the administratrix had been guilty of mal-administration of the estate, so we remanded the case in order that the Lower Court should determine whether or not the alleged case of mal- administration could be substantiated, the case being retained upon the file of this Court. The record went back, and the District Judge has found that the case of mal-administration had been made out, and it now comes back to us.