PRIYA SANKAR CHOWDHURI, MINOR, BY HIS MOTHER KULAKAMINI CHOWDHURANI Vs. JITENDRA NATH BHADURI, MINOR, BY HIS MOTHER PADMA KAMINI DEBI,

JUDGEMENT

(1.) I think that this appeal ought to be dismissed: and inasmuch as the circumstances are rather peculiar I think it right to make a few observations.

(2.) The first point which was raised by the learned Vakil was with regard to Estoppel, but he did not argue it very strenuously and did not read the judgment of the learned Judge upon that point: and, the fact was, I think, brought home to him, during the course of the argument by the observations which fell from my learned brother and myself, that there was no case of estoppel. I need not say anything upon that point except that I agree with the judgment of the learned Judge.

(3.) The real point which has been argued before us is that this was matter of res judicata.