DIPAK KUMAR SEN, J.

( 1 ) THE original plaintiff in this suit was one Pramila Sundari Laha who instituted this suit on the 24th August, 1938, for certain reliefs in respect of the Will of Debendra Deb Manna, deceased, certain Debuttar properties alleged to have been dedicated by the said Debendra Deb Manna and in respect of certain other properties purchased by one Jogendra Deb Manna out of the funds or income of the properties dedicated as aforesaid. A declaration that all aliena tions of properties appertaining to the said Debuttar estate were void and thai the consent decree made in an earlier suit being Suit No. 372 of 1915 in this Court was void and of no effect and not binding on the deities was also claimed. It ap-pears that the Writ of Summons was duly served on the defendants who were on record at that time.

( 2 ) PRAMILA Sundari Laha, the original plaintiff, died on or before 2nd February. 1943. On an application made thereafter on or about 20th December, 1943 one Karunamayee Dassi was appointed as the next friend of the plaintiff Deity in place and stead of the original plaintiff. Thirty seven years thereafter by an order of this Court made on the 10th April, 1970, Kar

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