MEHERJAN BIBI Vs. SYED KAMRUDDIN HAFIZ

JUDGEMENT

(1.) This appeal is presented against an order of remand. It appears that in the suit out of which the appeal arises the plaintiffs, who were 8 in number, sought as heirs of one Rukima Banu to recover a sum of Rs. 700 said to be the dower due to that lady from the estate of her deceased husband Azimaddin. The defendants in the suit were the heirs of the aforesaid Azimaddin. The contesting de fendants case was that Rukima Banu was not the married wife of Azimaddin and that, therefore, no dower was due from his estate to that lady or to her heirs.

(2.) In the course of the suit the plaintiff No. 6 died and her heirs were substituted in her place and brought on the record as plaintiffs Nos. 6A and 6B. On behalf of the original plaintiffs three Pleaders were engaged, namely, Nabadwip Chandra Pandit, Durga Prasunna Mukhopadya and Abdul Majid. When the plaintiffs Nos. 6A and 6B appeared, they presented a second vakalutnama on which only the two junior Pleaders Abdul Majid and Babu Durga Prasunna Mukhopadhya made a formal endorsement of acceptance. For this reason the learned District Judge, against whose order this appeal is presented, drew a distinction between the case of plaintiffs Nos. 6A and 6B and the case of the remaining plaintiffs. But the name of Nabadwip Chandra Pandit also appears in this second vakalutnama, and it is clear that as the senior Pleader of the three to him the management of the case on behalf of all the plaintiffs was entrusted.

(3.) The two vakalutnamas are in similar terms and authorize the Pleaders whose named appear therein to present to the Court applications of all sorts, to compromise the suit, to withdraw the suit, to make reference to arbitration and to give up the claim made by their clients, also to cite and examine witnesses or to refuse to examine the same. At the hearing the plaintiff No. 1, the eldest member of the family of the plaintiffs and attending to the conduct of the suit on their behalf, was examined and in the course of his examination stated that he and the other plaintiffs would be bound by the answers given to certain questions by defendant No. 2, on the said defendant taking a special oath in the manner provided under Sections 8 and 9 of the Indian Oaths Act. Thereupon the senior Pleader Nabadwip Chandra Pandit presented an application on behalf of all the plaintiffs, offering this special oath to defendant No. 2 and agreeing on their behalf to be bound by the answers that the said defendant might give to the questions set forth in his application. The defendant No. 2 was thereupon examined on special oath. He answered the questions set forth in the application and in answer to one of those questions denied that Rukima Banu was the married wife of his father Azimaddin. Upon this the plaintiffs declined to examine any further witnesses and accordingly the suit as a whole was dismissed.