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1958 Supreme(Cal) 290

LAHIRI, BANERJEE
Paresh Nath Chakravarti – Appellant
Versus
United Bank Of India Ltd – Respondent


Advocates appeared:
Profulla Kumar Roy, Salil Kumar Dutt, Satish Chandra Majumdar.

JUDGMENT

1. THIS Rule is directed against an order dated the 30th April, 1958 by which the 10th Court of the Subordinate Judge at Alipore has added five sisters of the deceased defendant Manmatha Nath Chakravarty, as parties to the suit. The facts which are not disputed are these: the plaintiff opposite party instituted a suit upon a mortgage and the sole defendant in the suit was one Manmatha Nath Chakravarty who died unmarried on the 18th January, 1957. On the 20th February, 1957, upon the plaintiff's application two brothers of the deceased defendant named Paresh Nath Chakravarty and Kshetra Nath Chakravarty were substituted in his place as his sole heirs and legal representatives. On the 20th May, 1957, the substituted heirs entered appear-once and sometime thereafter they filed a written statement, inter alia, on the ground that the suit was bad for non joinder of necessary parties. On the 11th September, 1957, the plaintiff filed a petition for directing the substituted defendants to supply the addresses of the sisters of the deceased defendant alleging that the defendants had disclosed in their written statement that the deceased defendant had left some sisters. Upon this ap








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