A.N.MODY
M/s. Matubhai Jameitram and another – Appellant
Versus
The Custodian of Evacuee Property, Bombay – Respondent
(2) This suit was originally filed on 27-11-1948 by one Adam Haji Pirmahomed Essak as the sole Plaintiff claiming damages for breach of a contract. The applicants were the Solicitors of the Plaintiff. During the pendency of this suit in July 1952 the applicants came to know that the Plaintiff had been declared an evacuee. The applicants therefore wrote a letter dated 18-7-1952 to the Assistant Custodian of Evacuee Property, Bombay setting out shortly the facts relating to this suit. The applicants further wrote:
"We understand that the abovementioned plain tiffs are adjudged evacuees. We suggest that the Custodian may be brought on record of the suit as plaintiff No. 1 (a) and the suit may be proceed ed with. We are conversant with all the facts of the case as we have attended to the matter right from the beg
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