BEPIN KRISHNA ROY Vs. PRIYABRATA BOSE

JUDGEMENT

(1.) This is an application by defendant No. 8 for a certificate that this is a fit case for appeal to the Judicial Committee of the Privy Council.

(2.) The original suit was a mortgage suit in respect of a certain property which was described as Touzi No. 93, and the applicant, as I understand, was not a party to it. When the decree had been obtained and indeed, as I understand, when the property had been brought to sale, it was alleged by the mortgagee that there had been a mistake in the description of the property, and, consequently, in the mortgage-decree the property had been wrongly described as Touzi No. 93. The mortgagor had, we are informed, a share in Touzi No. 93 and a 2-annas 4-gandas share in Touzi No. 93A. The result was that the present suit was instituted and the defendant No. 8 was made a party, it being alleged by the plaintiff that, after the date of the mortgage, the defendant No. 8 had purchased the mortgagee's share in Touzi No. 93A with full knowledge of the mortgage and with full knowledge of the mistake which had occurred.

(3.) The plaintiffs, however, in paragraph 9 of the plaint, after alleging that the kobala of defendant No. 8 was a collusive and fraudulent document, alleged that, in order to "give an opportunity to redeem in the case, should the Court find his purchase to be real, they bad impleaded him as a defendant in this suit."