SRIMATI RANI KUARMANI SINGHA MANDHATA Vs. HIS HIGHNESS THE HON BLEIHTISHAM-UL-MULK, RAIS-UD-DOWLA AMIR-UL-UMARA NAWAB ASAF QADER SYED SIR WASIF ALI MURZA KHAN BAHADUR, MAHABAT JUNG, KCSI, KCVO, NAWAB BAHADUR

JUDGEMENT

(1.) This is an appeal by the plaintiff against a judgment of the learned First Subordinate Judge of Midnapore, dated the 16th of May 1913, dismissing the plaintiff s suit. The plaintiff brought the suit for a declaration that a kabala, dated the 7th June 1890, executed by the Collector on behalf of the Court of Wards in favour of the late father of the defendant, and that a subsequent kabala, dated the 11th February 1901, executed in manner aforesaid in the like favour, are invalid and illegal, and for an order restoring the plaintiff to possession of the properties comprised in such kabalas and for certain alternative and consequential relief.

(2.) The issues of law and fact were settled by the learned Judge on the 9th of December 1912.

(3.) The defendant, on the 16th of February 1913, applied to the learned Judge for the trial of the 1st three issues under the provisions of Order XIV, Rule 2, Civil Procedure Code. The learned Judge assented to that application. The first three issues were in the following terms: 1. Is the suit barred by limitation? 2. Is the suit bad for not making the Secretary of State for India in Council and the Court of Wards parties to the suit? 3. Is the suit maintainable, in respect of the properties said to be debutter in the plaint, in the present form? For the purpose of determining these three issues the learned Judge assumed, as he was bound to, the correctness of all the allegations contained in the plaint.