HAJI BIBI Vs. HHSIR SULTAN MAHOMED SHAH

JUDGEMENT

(1.) Since this point was raised by the Advocate General, and considering as I do that it is one of very great importance to the parties and is also one with regard to which I have been unable to find any direct authority either in India or under the English practice (and I have searched all the authorities I could think of) I carefully considered it. In the first place itappeals no me that it must be a question for the discretion of this Court to decide. I am seized of this case and it is ray duty to see that the case is tried in a fair and proper manner without prejudice or injury to either side as against the other.

(2.) Now I have been unable to find any definition of the word "plaintiff under the Indian, procedure; but I find, in the Judicature Act in England a section, viz. Section 100, which says that the word plaintiff" " shall include every person asking any relief otherwise than by way of counter claim as a defendant) against any other person by any form, of proceeding, whether the same be taken by action, suit, petition, motion, summons or other wise."

(3.) Therefore; I think, common sense tells us that "plaintiff ought to mean, "every person asking relief against another person." I have read the plaint and all the written statements since this case was last on, and the conclusion I have come to is that without doubt the plaintiff and the second defendant and defendants 9 to 14 must be considered as-to use a colloquial expression-being in the same boat, although no doubt defendants 9 to 14 are not seeking any relief possibly beyond that of the plaintiff and the second defendant; and. therefore, you have these two forces arrayed against each other-the plaintiff and the second defendant and defendants 9 to 14 against the other defendants in the suit.