SADHU CHARAN PAL Vs. INDRA MOHAN MISTARI

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of the plaintiffs right of way over the defendants land.

(2.) One of the defendants was a minor and he was not properly represented in the snit. The Court of first instance held that a right of way could not be declared over the land of the defendants when one of them was not represented in the suit. That Court accordingly held that the snit most fail on that ground apart from any other consideration, though the snit was dismissed on other grounds also. This question does not appear to have been discussed in the Court of Appeal below. That Court concurred with the Court of first instance in dismissing the suit.

(3.) The plaintiffs have appealed to this Court.