Kolkata Court February 1916 Judgments

Jogendra NaraIn Roy Choudhury Vs. P.J. Forbes

Court: Kolkata

Reported in: 32Ind.Cas.872

1. This is a second appeal on behalf of the plaintiff of the suit which was instituted on the 2nd January 1912. The suit was for the correction of a certain entry in the Record of Rights which was finally published on the 27th December 1905. In the plaint, the defendant was described as Mr. P.J. Forbes pisar la maloom, which means son of some unknown person. On the 20th April 1912, a petition was put in by the plaintiff alleging that the defendant had been misdescribed in the plaint and that the defendant was really a lady named Miss P.J. Forbes. It appears that on this application having been filed, Miss P.J. Forbes was made a defendant. She was summoned, put in appearance, filed a written statement and contested the suit.2. Both the Courts below have dismissed the plaintiff's suit on the ground of limitation and have held that inasmuch as Miss P.J. Forbes was made a defendant sometime after the period of limitation, the suit against her must fail. The plaintiff appeals to this Court....