ADMINISTRATOR-GENERAL OF BENGAL Vs. KRISTO KAMINI DASSEE

JUDGEMENT

(1.) The question involved in the present appeal is one of limitation. That practically is the only question which has been argued before us. The learned Judge in the Court below proceeded upon the footing that there was no real dispute as to the facts; for, he says in the course of his judgment: "The parties are not at issue either as regards the circumstances under which the Government securities of Rs. 15,000 came to he deposited by Karunaraoyee with Indor Chunder Singh, and it has been taken as admitted in the course of argument that the facts under which the deposit came to be made are correctly stated in the 3 paragraph of the plaintiff's plaint."

(2.) Some evidence was put in the Court below and reference has been made to the judgment of Mr. Justice Jenkins, of the 5 of July 1897 in a case more or less analogous to the present. But substantially before us, as before the lower Court, the facts, as stated in paragraph 3 of the plaint, were taken as correct and as stating the transaction out of which the dispute arises. I therefore propose to deal with the case upon that footing.

(3.) I may further add that there has been no dispute as to the 6 history of the case; namely, that the Ranee Karunamoyee, who was the grandmother of Inder Chunder Singh and of the plaintiff, died on the 16 of July 1886, that she made a, will about the same time, appointing her grandson Inder executor, that Inder acted as such executor, that he (Inder) died on the 14 of May 1894 leaving a will, that his will was proved by the Administrator-General as executor on the 30 of Jun$ 1894, and that on the 5 of October 1896 the plaintiff obtained letters of administration to the estate of her grandmother Ranee Karunamoyee.