ABDUL REHMAN BAPOO SAHEB Vs. CASSUM EBRAHIM

JUDGEMENT

(1.) On the 15th of June 1909, the two plaintiffs filed this suit against three defendants, Mahomedali Ebrahim, Cassum Ebrahim and Cawasji Motabhai, alleging that the property in the plaint mentioned was religious charitable property, that the first two defendants had arranged to mortgage the said property to the third defendant pursuant to an order obtained from the Court and got from him Rs. 500 as earnest money, that though the intended mortgage fell through the third defendant had obtained a collusive decree against the first two defendants and that the third defendant had attached the said charitable property and was about to have the same sold.

(2.) They prayed for a scheme, for a declaration that the order authorizing the mortgage was null and void and may be set aside for an order restraining the sale, for accounts, and for further and other relief.

(3.) Pending suit the first defendant died. The suit was called on for hearing before me on the 15th of August last when his name was ordered to be struck off. The second defendant did not appear and the third defendant agreed to remove his attachment and pay certain costs and went out of the suit. It was then stated to me that one Abdul Rehman bin Ahmed claimed to be the owner of the property and it was necessary to add him as a party defendant and proceed with the suit against him. The plaintiffs applied for leave to add him as a defendant and to amend their plaint. Their application was acceded to and the suit stood over.