ABDUL RAHAMAN Vs. MOHENDRA CHANDRA GHOSH

JUDGEMENT

(1.) We think that the order of remand made by the District Judge must be set aside.

(2.) The lower Appellate Court directed the Court of first instance to add Sarada Sundari Dasi, the real owner, to be made a party to the suit because the defendant No. 2, who contested the suit on the mortgage, was merely a benamdar.

(3.) Having regard to the recent decision of the Privy Council, it appears that a proceeding against a benamdar in its ultimate result is fully binding on the beneficial owner. That being so. we do not see that it is necessary to add Sarada Sundari as a party to the suit which, moreover, would be barred as against her.