KHUSHALSINGJI HIMATSINGJI Vs. UMANSINGJI DOLATSINGJI THAKORE

JUDGEMENT

(1.) The plaintiff filed a suit for recovering rent due for the year Samvat 1973 on the strength of a registered lease passed by the defendant to several co-sharers in the village, one of whom was plaintiff, and the issues were found in favour of the plaintiff, but the Judge found that he could not get a decree unless he obtained Letters of Administration to the estate of one Daulatsingji deceased, whose adopted son he claimed to be. The proper order then to nave made was to place the suit on the stayed list to give the plaintiff an opportunity of getting Letters. However the Subordinate Judge, no doubt, with the laudable desire of decreasing the number of suits on his file, dismissed the suit with costs, but gave liberty to the plaintiff to apply to have the dismissal set aside within a month from the date of the order, if any, passed in his favour by the District Court, Surat, for Letters of Administration to the estate of the deceased Daulatsingji.

(2.) The suit was dismissed on the 30 October 1918. It seems to us there was considerable delay in Letters of Administration being issued to the plaintiff, for it was not until the 30 July 1921 that on the plaintiff's application the suit was restored to the board. The learned Judge seems to have considered that there was some doubt with regard to the order of the 30 October 1918, as he had recourse to Section 151 of the Civil Procedure Code, before he restored the suit to the file.

(3.) The suit then came on for hearing, and as the plaintiff's claim was proved, a decree was passed for Rs. 105-13-0 and costs and further interest.