Kolkata Court December 1943 Judgments
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Soorajmull Nagarmull Vs. Firm Haribux Shewnathrai
Court: Kolkata
Decided on: Dec-01-1943
Reported in: AIR1945Cal454
McNair, J.1. This is an application by the defendant firm, Haribux Shewnathrai to set aside an ex parte decree passed against the firm on 26th August 1943. It appears that there were three suits instituted against this defendant firm, this suit No. 967 of 1943; suit No. 968 of 1943 in which the Naskarpara Jute Mills Go. Ltd. were the plaintiffs; and suit No. 1056 of 1913 in which the Bengal Jute Mill Co. Ltd, were the plaintiffs. All these suits were instituted in July 1943. The writ of summons in this suit and in suit No. 968 were issued on 16th July and lodged with the Sheriff on 17th and the writ of summons in suit No. 1056 was issued on 30th July and lodged with the Sheriff for service on 81st July.2. The Sheriff's officer in suit No. 1056 and suit No. 968 was Pashupati Sircar. In suit No. 967, the present suit, the Sheriff's officer was Hrishikesh Das. In each case the service was sought to be effected at the place where the defendant firm carries on business, namely, at 26/4, Arm...
Atul Chandra Bhaduri and ors. Vs. Sheikh Akhtar Ali (on the Dated of S ...
Court: Kolkata
Decided on: Dec-01-1943
Reported in: AIR1944Cal260
Roxburgh, J.1. This is an appeal by the plaintiffs who succeeded in the trial Court but whose claim was dismissed by the lower appellate Court. This suit was for declaration of the plaintiffs' jote right and title to the suit lands and for khas possession with mesne profits. Plaintiffs' case was that they had 2/3rd share in the suit lands, defendants 1 to 6 had 1/6th share and defendant 12 1/6 th share and under them one Gayanath had an occupancy holding with a paddy rent of 6 mds., plaintiffs' share being 4 mds. There was a partition of the superior interest along with other properties of the plaintiffs, defendants 1 to 6 and 12, as a result of which lands consisting of the holding of Gayanath was divided into three portions, one each going to the defendants 1 to 6, defendant 12 and the plaintiffs respectively. The suit lands are those parts of the holding which were allotted to the defendants. The decree in the partition suit was made on 14th July 1930. The plaintiffs brought a rent ...
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