SRIMOTI SARAT KAMINI DASI AND ON HER DEATH HER HEIRS AND LEGAL REPRESENTATIVES HER SONS JAMINI MOHAN SARKAR Vs. CHAITANYA CHANDRAPROHORAJ ALIAS CHAITANYA CHARAN (CHANDRA IN VOKALATNAMA) MOHAPATRA

JUDGEMENT

(1.) The plaintiffs-appellants sought to recover possession, by ejectment of the defendants, of the property in dispute under a purchase from Raja Balabhadra Singh. There are a large number of defendants in the case. Among other defences they raised the plea that the plaintiff was the benamdar for her husband and, as such, she could not maintain a suit for recovery of possession and for ejectment.

(2.) The suit was tried along with another which was also dismissed on the same grounds.

(3.) There were appeals in both suits. The other suit was remanded to the lower Court for re- trial, the Court having found that the plaintiff was entitled to maintain the suit. So far as the present case is concerned, it appears that one of the defendants, namely, defendant No. 20, Nagendra Nath Mahapatra, died while the appeal was pending before the Court of Appeal below and no application for substitution of the heirs was made within the period allowed by law. The learned District Judge held that the entire suit be dismissed as there was nothing from which the interest of the several defendants could be discriminated.