KALI DAS CHAUDHURI Vs. SRIMATI DANPADI SUNDARI DASSEE

JUDGEMENT

(1.) This is an appeal from a judgment of my learned brother Mr. Justice Greaves, and the sole question which has been argued before us is whether the claim in the suit was barred by the Statute of Limitation.

(2.) I will deal in detail with the nature of the suit directly.

(3.) The suit was brought on the 8th of February 1913, and it was alleged to be in respect of a certain partnership of which the plaintiff Hari Prosad Saha was a member up to the 27th of June 1910. Before the case came on for trial, it was discovered that a necessary party, Mokshoda Sundari Ghowdhurani, had not been added and she was added on the 12th of February 1914, so that as regards the added party the claim was barred or was alleged to be barred, and consequently as she was a necessary party, the claim was alleged to be barred against the other parties. Therefore, when the case came on for trial the learned Counsel appearing for the defendant, Mr. S.R. Das, according to the minutes said, the suit is barred as they had added Mokshoda Sundari as a party defendant after the lapse of three years. Mr. Mitter said, I know nothing about it--my friend should have raised the point by a supplemental written statement. But there is an admission of liability by the letter dated the 12th of August 1913.