GOURISHANKAR CHATTORAJ Vs. SMSATYABATI DEBI

JUDGEMENT

(1.) In this rule we are invited by the learned advocate, for the petitioner Mr. Bankim Chandra Mukherji to set aside the order of the learned District Judge of Berhampore dated 24th November 1930 rejecting the caveat filed by one Gourishankar Chattoraj, or to make such other or further order as to this Court may seem fit and proper.

(2.) In order to understand the contentions of the parties it is necessary to set out the following genealogical table.

(3.) The opposite party represented by Dr. Mukherji applied for Letters of Administration to the estate of one Shyam-sundar who has died. The opposite party is the deceased Shyamsundar's wife's brother's daughter. The petitioner Gourishankar is a minor and on his behalf caveat was filed through his natural guardian and mother; and the question arose whether having regard to the genealogy as set out above the petitioner Gourishankar had any locus standi. The learned District Judge held that the petitioner Gourishankar was not an heir under the Dyabhaga School of Hindu law and he accordingly discharged the caveat. It is against this last-mentioned order that the present rule has been directed.