SRIMATI SAROJ BALA BOSE Vs. JATINDRA NATH BOSE

JUDGEMENT

(1.) This is an application for leave to appeal to His Majesty in Council against a final order made by this Court on the 28 of July, 1976 in appeal from Original Order No. 53 of 1924 arising out of Title Suit No. 191 of 1920 in the Court of the Second Subordinate Judge of the 24-Pergannas.

(2.) The order complained of is one which affirmed the decision of the Court immediately below. As regards the amount or, value of the subject-matter of the suit in the Court of first instance and in dispute on appeal to His Majesty in Council, it is more than Rs. 10,000. In these circumstances the only question that has got to be enquired into is whether the appellant for leave to appeal to His Majesty in Council has satisfied this Court that the appeal involves some substantial question of law.

(3.) The facts shortly stated are as follows. On the 18 of August, 1920, the said suit was filed in the Court of the Second Subordinate Judge of the 24-Pergannas by the plaintiff Profulla Kumar Bose against four defendants for partition of the estate of one Priya Nath Bose who was the grandfather of the plaintiff and the father of defendants Nos. land 2 and the father-in-law of defendants Nos. 3 and 4. It is unnecessary to mention the names of the defendants other than the defendants Nos. 3 and 4. Defendant No. 3 is Srimati Niroj Sundari Bose, the widow of the eldest son of the testator and the applicant for leave to appeal to His Majesty in Council is defendant No. 4 Srimati Saroj Bala Bose.