JATINDRA MOHAN GHOSE Vs. REBATI MOHAN DAS

JUDGEMENT

(1.) These two appeals have arisen out of a suit for enforcement of a simple mortgage bond. They are directed against a preliminary decree for sale. The bond was executed by one Raj Mohan Guha designating himself as: common manager, Estate No. 411, Taluk Raj Narain. Son, and the tenures Sikmi Patni etc., thereunder, on 5 Magh 1322 (19 January 1916) for a principal amount of Rs. 30,000 with a stipulation to repay the amount of principal and interest with annual rests in two instalments; one in Pous 1325 and the other in Pous 1327. Deducting certain payments the claim amounted to Rs. 41,000 and odd. Defendant 1 in the suit was the present common manager one Jatindra Mohan Ghose. A subsequent mortgagee was defendant 2. Defendants 3 to 138 were the owners of the taluk and the sikmis and patnis thereunder.

(2.) Appeal No. 220 is by the common manager. In this appeal two contentions have been urged: first, that the suit was not maintainable in the absence of a notice on the appellant under Section 80, Civil P. C; and second, that no permission having been taken of the Court by which the appellant or his predecessor was appointed common manager the suit was not competent. The Subordinate Judge held that neither the notice nor the permission was necessary.

(3.) The correctness of the decision in Beni Madhab V/s. Upendra Chandra [1919] 53 I.C. 747 in so far as it has been held therein that a common manager is a public officer within the meaning of the Code has not been questioned, and the arguments before us have proceeded on the footing that the common manager is a public officer as defined in the Code.