MUNICIPAL BOARD OF BENARES Vs. ACMUKERJI

JUDGEMENT

(1.) The suit out of which-this appeal arises was instituted by the Municipal Board of Benares against five defendants, the sons of one Jogesh Chandar Banerji, deceased, a man who had been for many years in the service of the said Municipal Board as head accountant. The plaint was signed and verified by Rai Bahadur A.C. Mukerji as Executive Officer of the Board. In the written statement filed by the defendants certain pleas were taken which, involved the suggestion that if any liability did attach to the late Jogesh Chandar Banerji, that liability was at least shared by certain superior officials in the employment of the Municipal Board, and more particularly by its Executive Officer. Upon this A.C. Mukerji addressed to the Chairman of the Municipal Board a letter, dated the 27 of August, 1922, which is to be found at page 199 of our record. He referred to the allegations made in the written statement of the defendants as allegations against himself, and asked the Board to place him in such a position that "I may appear before the court to answer any charge that may be levelled against me." The Municipal Board thereupon relieved A.C. Mukerji of his duties as Executive Officer, appointing one Hari Prasad Paladhi in his place, and through this gentleman as officiating Executive Officer they filed an amended plaint, in which A.C. Mukerji was impleaded as defendant No. 6, and allegations were made putting forward a cause of action against him along with the defendants originally impleaded.

(2.) The suit was instituted in the Court of the Subordinate Judge of Benares, but the District Judge took it on to his own file and tried it out himself. He has decreed the Board's claim, for a large sum of money jointly and severally against all the defendants. The appeal is by Rai Bahadur A.C. Mukerji only, and it may be convenient hereafter to refer to him simply as "the appellant."

(3.) In view of this fact, and taking into consideration the pleadings raised by the memorandum of appeal, we are entitled to treat certain facts found by the trial court as no longer in controversy.