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1964 Supreme(Cal) 200

P.C.MALLICK
ARATI PAUL – Appellant
Versus
REGISTRAR, HIGH COURT, ORIGINAL SIDE – Respondent


Advocates Appeared:
A.K.MATILAL, D.GUPTA, D.N.DAS, Gour Chandra Paul, M.N.BANERJI, N.C.CHAUDHARY, P.K.Sen

P. C. MALLICK, J.

( 1 ) THE petitioner asks for a Writ in the nature of mandamus on the Registrar of this Court directing him "to recall, cancel and withdraw the filing of the pretended award dated April 1, 1963 as a judgment in suit No. 1045 of 1947 as part of the record of this Court. The petitioner is the plaintiff in the said suit and the respondents Nos. 3, 4 and 5 are the defendants. The dispute between the brothers and sister relate to the estate left by their father Srish Chandra Paul who died intestate in 1946 leaving considerable properties. Apart from the plaintiff who is the youngest daughter and is still unmarried, Sris had other daughters who are married and one of whom has died since. The widow of Srish, Pramila Sundari Dasi died on January 13, 1958 after having instituted the above suit and after executing a Will whereby she left her entire estate to the plaintiff her youngest daughter and the respondent No. 3 her youngest son, to the total exclusion of her two other sons and the other daughters. The suit instituted by Pramila Sundari was a suit for cancellation of a deed of gift executed by her in favour of her three sons in respect of one item of immoveable prope












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