SATYA RANJAN ROY CHOUDHRY Vs. SARAT CHANDRA BISWAS

JUDGEMENT

(1.) this is a second appeal by defendants Nos. 2 and 3, and it arises out of a suit which the plaintiff brought on a hand-note executed by one Lalit Mohan Bhuttacharya.

(2.) After the institution of the suit Lalit Mohan died. The plaintiff brought in on the record as the legal representative of. Lalit Mohan not only defendant No. 1, the widow of Lalit Mohan and admittedly his legal representative, but also added defendants Nos. 2 and 3 on the ground, to quote the words of the learned Subordinate Judge that "on his (Lalit Mohan s) death the defendants Nos. 2 and 3 appropriated some bricks of the kiln" which belonged to Lalit Mohan. The learned Subordinate Judge further found that defendants Nos. 2 and 3 took away those bricks under the orders of the District Board of Nadia.

(3.) The Subordinate Judge held that the claim was valid, and made a decree not only against the widow as representing the estate of Lalit Mohan but also against defendants Nos. 2 and 3 as the legal representatives of Lalit Mohan.