HARI NARAYAN DE Vs. HARI BHUSAN DE

JUDGEMENT

(1.) This is an application on behalf of the defendant in the suit for leave to appeal to His Majesty in Council against the judgment and order of the High Court, dated the 20 June, 1923, and the question is whether the order is or is not a final order within the meaning of Section 109 of the Civil P. C..

(2.) The plaintiffs and the principal defendant are brothers. The latter, the eldest brother, is the shebait of certain debutter properties. The plaintiffs make certain charges against him and seek to remove him from his office and to force him to account for his dealings with the trust funds.

(3.) The learned Subordinate Judge in the trial Court dismissed the suit not on the merits, but on the preliminary point that the plaintiffs have no locus standi to sue. The High Court reversed the decree of dismissal and remanded the suit for further hearing.