BROJO KISHORE DE Vs. KRISHNA DAS ADHARDAS

JUDGEMENT

(1.) This is a petition for revision of an order of a District Judge reversing an order of an Appellate Officer and holding that an application under Section 37A, was properly constituted.

(2.) The decree-holder was an idol and an application was made by the debtor under Section 37A, Bengal Agricultural Debtors (Amendment) Act, for relief as against the decree-holder. The decree-holder was cited as the idol represented by the shebait, Lalit Mohan De. This application was dated 1-4-1943.

(3.) Applications under Section 37A, of the Amending Act, have to be made within one year of the date upon which the Act came into force and this application was within a period of one year. Unfortunately, however, the shebait, Lalit Mohan De, had been dead since 14-2-1940, and therefore the application was against an idol unrepresented by anybody. An idol is a juristic person and can sue and be sued, but it must bring a suit or it must be sued through a representative, usually the shebait. As the idol cannot act itself a suit against the idol except through a representative would be meaningless. In the present case, the application under Section 37A, could mean nothing at all as the idol was not represented by anyone, the shebait named being dead years previously.