LAL NAGENDRA SHAH Vs. BACHHARAJ NATHANI

JUDGEMENT

(1.) ON 10-4-1931, the predecessor-in-title of the respondents in this Court, hereinafter referred to as the decree-holder, instituted a suit against Lal Nagendra Shah, Zamindar, Bindra Nawagarh, for the recovery of as. 5453-15-0.

(2.) IN November of' that year the Court of Wards assumed superintendence of Lai Nagendra Shah's estate, and a notification under Section 10(1), Central Provinces Court of Wards Act, announcing the assumption of superintendence was published in the Central Provinces Gazette of 7-11-1931. A notification under Section 12(1) of this Act calling upon all persons having claims against the ward or his immovable property to submit them in writing within 6 months was published in the Central Provinces Gazette on 21st November. On 2nd December the Court was informed by the Deputy Commissioner that the Court of Wards had assumed superintendence of the defendant's estate, and an application was made to allow the defendant to 'be sued through the Court of Wards. The plaint was amended accordingly and the Court of Wards was shown as the guardian ad litem of the defendant. Subsequently on 3-8-1932 the defendant made an oral statement contending that the claim should be deemed to have been discharged under Section 12(2) of the Act on the ground that the claim had not been submitted within 6 months as required by Section 12(1).

(3.) -8-1932 after the lapse of more than 6 months from the date of the publication of the notification under Section 12(1) and that this delay was condoned by the Court of Wards under the proviso to Section 12(2). 4. The argument was that under that proviso any claim received after the lapse of 6 months shall cease to carry interest and that the Court acted illegally in awarding interest, even though the parties consented to this. It is somewhat surprising that the Deputy Commissioner of Raipur, acting on behalf of the Court of Wards, should try to go back in this way on a compromise that was a very reasonable one.