DEGENDRA CHUNDRA SEN Vs. NRITYA GOPAL BISWAS

JUDGEMENT

(1.) This appeal arises out of a suit by the plaintiffs, who are Wards under the Court of Wards.

(2.) The suit which was instituted by their next friend Mr. Monier, Manager of the Court of Wards, was one for recovery of possession of certain lands on establishment of the plaintiffs title thereto. It appears that there was a partition of the estate within which these lands were situate, between the plaintiffs and the defendant No. 1. The partition took place in Chait 1305 corresponding to April 1899. The plaintiffs case was that these lands were part of the estate which fell to their share, that they went under water and then rose again in Rartik 1366 corresponding to October 1899. The suit was instituted on the 18th April 1911 (the Court having been closed from 13th to 17th April 1911) and within 12 years from the 1st Baisnkh 1306, corresponding to 13th April 1899. It wan, however, instituted without the authority of the Court of Wards.

(3.) Section 55 of the. Court of Wards Act provides that ?no suit shall be brought on behalf of any Ward by a Manager unless the same is authorized by some order of the Court, provided that a Manager may authorise a plaint to be filed in order to prevent a suit from being barred by the law of limitation; but such suit shall not be afterwards proceeded with except under the sanction of the Court."