WAMAN Vs. N. M. MITRA

JUDGEMENT

(1.) THIS second appeal by the plaintiff challenges the correctness of the findings recorded by the lower appellate Court on the following two points:

(2.) THE learned Counsel for the appellant argues with reference to point

(3.) I may, however, observe that in the view he took of the first point he should not have hazarded any expression of opinion on the second point. While, therefore, maintaining the dismissal of the suit for want of notice I expressly declare the District Judge's findings on the other point as wholly unnecessary and out of place in the present suit as framed, and, therefore, not binding on the parties in the subsequent litigation, if any, on this point.