Akhileswari Dasi vs Hari Charan Mirdha

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1923 Supreme(Cal) 132

MOOKERJEE
Akhileswari Dasi – Appellant
Versus
Hari Charan Mirdha – Respondent

JUDGMENT

Mookerjee, J. - This appeal is directed against an order of dismissal made on an application for revocation of letters of administration with copy of the will annexed, granted to the respondent on the 76h October, 1912, in respect of the estate of one Ram Chandra Mirdha, who made a will on the 4th February, 1912. He died a week later, leaving a widow and two daughters by a predeceased wife. On the 26th August, 1912, the respondent, who is the son of the first cousin of the deceased applied for letters of administration with a copy of the will annexed. It was pointed out by the officer of the Court that the information supplied in the petition was not adequate and that as two infants were interested in the estate, the petitioner should state the names of persons who might act as guardians. The petitioner complied with the requisition and proposed the maternal uncle of the infant daughters of the deceased as their guardian. In these circumstances, one would have expected that, in the normal course of events, special citation would be issued upon the infants and their proposed guardian. But for some unexplained reason this was not done, though general and special citations wer

Click Here to Read the rest of this document