NANDA LAL BOSE Vs. ASHUTOSH GHOSH

JUDGEMENT

(1.) This was a Rule calling on the opposite party to show cause why the judgment and decree of the lower Court passed against the petitioner should not be set aside.

(2.) The petitioner who was the manager of the estate of defendants Nos. 1 to 4 under the Court of Wards from 7th May 1911 to 30th April 1914, was defendant No. 5 in the suit. The plaintiff opposite party Was a gomasta under the Court of Wards from July 1909 to February 1910. As gomasta he deposited his Savings Bank Pass Book as security with the manager. He was dismissed in 1910 and a certain amount was found due from him on account of defalcations made by him. The petitioner, who was then the manager under the Court of Wards, withdrew a sum of Rs. 222-14-5 from the Post Office Savings Bank account with the sanction of the Collector and with the consent of and under authority from the plaintiff on the 8th July 1913. The plaintiff demanded the money from the defendant No. 5 and this was refused on the 14th September 1913. The estate was released from the Court of Wards to the defendants Nos. 1 to 4 on the 1st March 1917. The present suit was instituted by the plaintiff on the 25th February 1918,

(3.) The defendant No. 5 contested the suit inter alia on the grounds, first, that the suit could not be maintained without a notice under Section 80 of the Civil Procedure Code, secondly, that the suit was barred by limitation, having been instituted more than three years after the date of the refusal to pay the money, and thirdly, that he was not in any case personally liable for the amount, he having withdrawn the money with the sanction of the Collector and credited the same to the account of the estate.