SRIMATI SARAJU BALA DEBI Vs. MOHINI MOHAN GHOSE

JUDGEMENT

(1.) We are invited in this Rule to set aside an order of the Subordinate Judge, Fifth Court, at Dacca refusing to expunge two issues which have been framed in an account suit brought by the petitioners Srimati Saraju Bala Debi and others through Mr. F.W. Needham, representing the Court of Wards against the opposite party (defendant. No. 1) Mohini Mohan Ghose and others.

(2.) The facts which have given rise to the application as stated therein, are as follows:

(3.) The claim made in the suit covered the period from Ashar 1314, when the defendant Mohini Mohan was appointed Naib, of Dehi Kuromitola of the Bhawal Estate, up to the time when he was suspended in Ashar 1325 B.S. At the date when he was appointed Kumar Ranendra Narayan Rai, Kumar Romendra Narayan Rai, and Kumar Robindra Narayan Rai were the proprietors of the Bhawal Estate in equal shares. On the 15 Jaist 1314 the defendant No. 1 executed a jaminnama or service, security bond in favour of three Kumars stating therein that, as he had no immoveable property, his father would execute another bond as his surety and would pledge some immoveable property. That bond was in due course executed on the 19 Jaista 1315, and as there was a mistake in it, and as the second Kumar Romendra Narayan Rai died on the 8 May 1909 (Bysak 1316), a rectified deed was executed on the 29 Ashar 1316 in favour of the two surviving Kumars and the widow of the second Kumar as his heir.