JOGENDRA NARAIN ROY CHOUDHURY Vs. PJFORBES

JUDGEMENT

(1.) This is a second appeal on behalf of the plaintiff of the suit which was instituted on the 2nd January 1912. The suit was for the correction of a certain entry in the Record of Rights which was finally published on the 27th December 1905. In the plaint, the defendant was described as Mr. P.J. Forbes pisar la maloom, which means son of some unknown person. On the 20th April 1912, a petition was put in by the plaintiff alleging that the defendant had been misdescribed in the plaint and that the defendant was really a lady named Miss P.J. Forbes. It appears that on this application having been filed, Miss P.J. Forbes was made a defendant. She was summoned, put in appearance, filed a written statement and contested the suit.

(2.) Both the Courts below have dismissed the plaintiff s suit on the ground of limitation and have held that inasmuch as Miss P.J. Forbes was made a defendant sometime after the period of limitation, the suit against her must fail. The plaintiff appeals to this Court.

(3.) The only ground taken is that it is evident from a perusal of the plaint and the written statement that as a matter of fact the party that was meant to be the defendant in the suit was the person whose name had been recorded in the Record of Rights as mokararidar of the land in dispute and that it was for the correction of the word "mokararidar" into "malguzar istamrari" that the suit was brought.