PRAN KUMAR PAL CHAUDHURY Vs. DARPAHARI PAL CHAUDHURY

JUDGEMENT

(1.) This is an appeal by Pran Kumar Pal Chaudhury against the judgment of my learned brother Mr. Justice Gregory, delivered on the 23 of March 1926. It appears that certain probate proceedings were pending in the Court of the learned District Judge of Barisal in which the appellant was the plaintiff and the respondent was the defendant.

(2.) A Rule had bean granted by a learned Judge, sitting on the Original Side of this Court, calling upon the appellant to show cause why the Probate Suit No. 2 of 1925 pending ins the Court of the District Judge of Barisal should not be removed from the said Court at Barisal to this Court for trial of the same by the High Court.

(3.) The Rule was heard by Mr. Justice Gregory and on the merits, he came to the conclusion that, for the purpose of justice and on considerations of convenience, it was proper that the probate case pending at Barisal should be removed and tried and determined in the High Court He therefore, made the Rule absolute and, in the exercise of the power conferred by Clause 13 of the Letters Patent, he directed that Probate Case No. 2 of 1925 then pending in the Court of the District Judge of Barisal should be removed from that Court and should Court be tried and determined in the High Court.