CHANDRA MOHAN KARAR Vs. SRIMATI ROHINI DASI

JUDGEMENT

(1.) This is an appeal from the judgment of the Additional Subordinate Judge of Hooghly, and the effect of the learned Judge's judgment was that he allowed the appeal, set aside the derision of the First Court and decreed the suit, with costs in both Courts. The suit was brought by the plaintiff on a bond, which had been executed by the two defendants under these circumstances. It appears that in April 1904 the District Delegate of Howrah granted Letters of Administration to the estate of the plaintiff's father to defendant No. 1, and the two defendants executed an administration bond for Rs. 527 in favour of the District Delegate of Howrah. There was an application, as appears from the learned Judge a judgment, by the plaintiff, who is the son of the deceased man, for revocation of the Letters of Administration. That application was rejected. Then it was alleged that the defendant No. 1 had not performed the conditions of the bond, that is to say, he had not filed the inventory of the estate and the accounts relating to the estate within time. It appears that the period for filing the inventory and the accounts was extended for some considerable time; and, in April 1916 this bond was assigned by the District Judge of Hooghly to the plaintiff, on condition that any money that might be realised by a suit on the bond should be deposited in Court. That is how the plaintiff comes to sue upon this bond.

(2.) The learned Munsif held that the plaintiff could not recover under the circumstances, but he decided that if the plaintiff had been able to recover anything, then the amount which he could hare recovered would be the whole amount mentioned in the bond, namely, Rs. 527. He based his decision on a consideration of Section 71 of the Indian Contract Act and the Exception to that section.

(3.) The learned Subordinate Judge allowed the appeal, overruling the decision of the learned Munsif that the suit was not maintainable, and held that it was maintainable, But the learned Subordinate Judge did not deal with the question of the amount which was recoverable by the plaintiff in the suit. He decreed the suit for the full amount of Rs. 527.