JUDGMENT : There are two applications before me - one by the plaintiff for withdrawal of the suit and for discharge of the Receiver, the other by the legal representative of the deceased defendant Rabindra Nath Coomar inter alia for setting aside the abatement and for substitution.

2. The suit was instituted by the plaintiff for partition. The joint family estate consists of various properties including extensive paddy lands in the village of Hatni in the District of Hooghly. After the institution of the suit, the Official Receiver was appointed Receiver of about 4000 maunds of paddy amongst other properties. Except Charubala all the other defendants have entered appearance and filed their respective written statements. The suit, I understand, is now ready for hearing and is appearing in the Prospective List.

3. On April 2, 1959 Charubala died. Charubala is the mother of Rabindra and Ratindra the defendants Nos. 1 and 2. She has also several daughters. It is alleged that Charubala left a will whereby she appointed Rabindra as her executor. The will, however, has not been probated as yet. About a week after the death of Charubala, Rabindra died intestate leaving him surviving his wido

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