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Kolkata Court July 1919 Judgments

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Jul 03 1919

Ram Lal Sen Vs. Bidhumukhi Dasi and ors.

Court: Kolkata

Decided on: Jul-03-1919

Reported in: 56Ind.Cas.373

Greaves, J.1. The plaintiff in this suit seeks to have the Will of ore Ram Gopal Sen construed and the rights, shares and interests under the said Wilt of the parties to the suit ascertained and for administration of the estate of Ram Gopal Sen under the direction of the Court and for an account of the estate from the defendant Bidhumukhi Dasi from the testator's death and for partition. The plaintiff is a son of Ram Gopal Sen, the let defendant is his widow and the executrix of his Will, the defendant Sham Lal Sen is a son, the defendants Manick Lal Sen, Nitya Lal Sen and GourLal Sen are sons of a deceased son Heera Lal Sen who survived the testator and died after the institution of the suit the defendants Sankar Lal Sen, Rash Behary Sen and Gosto Behary Sen are sons of another son of the testator named Bolai Chand Sen who survived the testator and died in the year 1895, the defendant Champa Dassi is the widow of another son Adhar Lal Sen who survived the testator and died in 1885 wit...


Jul 02 1919

Sasadhar Bhattacharjee and ors. Vs. Arun Kumar (Arun Chandra in Vakalu ...

Court: Kolkata

Decided on: Jul-02-1919

Reported in: 54Ind.Cas.631

Ernest Fletcher, J.1. This appeal must fail for the following reasons: The appellants filed a memo, of appeal, dated the 16th November 1916, against the judgment of the learned Judge in the lower Appellate Court which was pronounced on the 6th July. 1916. The appeal, of which the grounds of appeal were properly certified, came on for hearing before a Bench of this Court and was summarily dismissed under the provisions of Order XLI, Rule 11, Code of Civil Procedure, on the 24th January 1917. It is quite clear that the matters raised in the grounds of appeal filed on the 16th November 1916 do not cover the matters that have been attempted to be urged at the hearing of the present appeal. The text of the proceedings was a document that is No. 6 in the printed paper book, which is called the memo, of appeal presented on the 1st March 1917. As a matter of fact it is nothing of the sort. When we look at the document itself, we find that it is a memo, of application for review under Order XLV...


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