BUDREE DAS MUKIM Vs. CHOONI LAL JOHURRY

JUDGEMENT

(1.) This is an application by the defendants that the suit should be dismissed with costs on the ground that it is one within the terms of Section 589 and is not maintainable, no consent of the Advocate-General to its institution having been previously obtained.

(2.) The discussion of a preliminary objection as to the form of the application became unnecessary, as learned Counsel for both, sides agreed to treat the matter as though it had come before me for settlement of issues.

(3.) The claim is alleged to be demurrable. In. the determination of an objection of this nature the facts must be taken and accepted as they appear in the plaint.