UPENDRA KUMAR CHAKRAVARTI Vs. SHAM LAL MANDAL

JUDGEMENT

(1.) This is an appeal against a decision of the Subordinate Judge of Alipore, dated the 16th November 1905.

(2.) The suit is one for recovery of arrears of rent in respect of 102 bighas 10 cottahs of land said to be held by the defendants under the plaintiff.

(3.) A preliminary objection on behalf of the plaintiffs-respondents has been taken to the hearing of the appeal, to the effect that the principal respondent, Sham Lal Mandal, died more than six months ago and that no steps have been taken to substitute the names of his heirs in his place. The learned pleader for the appellants admits that the respondent, Sham Lal Mandal, died on the 22 October, 1906, and he presents to day an, application for the substitution of the names of the heirs of the deceased respondent for the name of the deceased, respondent, although, more than six months have elapsed since the 22nd October last.