AMBIKA PROSAD DASS Vs. ANNADA PROSAD DASS

JUDGEMENT

(1.) This is an appeal by the plaintiff in a declaratory suit.

(2.) The subject-matter of the litigation originally belonged to one Digambar Das who made a testamentary disposition on the day of his death, which took place on the 5 July 1888. He left two widows Bindubashini and Birajmohini and two sons, one by each wife namely, Annada Prosad by his first wife Bindubashini; and Ambika Prosad hy his second wife Biraj Mohini. In the litigation Annada is the plaintiff and Ambika is a defendant.

(3.) The will was proved in due course and in 1893 a suit was instituted by Annada Prosad on the original side of this Courts for construction of the will and for partition of the estate. The preliminary decree was made on the 25 June 1894. The commissioner submitted his report on 13 August 1898, which was confirmed on the 7 September 1898.