Gopal Chandra Bose vs Surendra Nath Dutt

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1908 Supreme(Cal) 11

Gopal Chandra Bose – Appellant
Versus
Surendra Nath Dutt – Respondent

JUDGMENT

1. The Plaintiff in this case is the executor of the Will of one Kula Kamini Dassi, who died in July 1898. It is pleaded that before her death she deposited Government Promissory Notes for Rs. 3,500 with the Defendant, and that after her death similar notes for Rs. 1,500, belonging to her estate, came into the hands of the Defendant, who has been repeatedly requested to return them but in vain. This suit in the form that it ultimately took was one for the recovery of those notes or, in the alternative, for their value. The Subordinate Judge has decreed the claim for the notes of Rs. 3,500, but has held that the claim with respect to the notes of Rs. 1,500 is barred by limitation. The Plaintiff appeals with respect to this portion of the suit.

2. It is first argued in appeal that the evidence shows that the notes for Rs. 1,500 were deposited with the Defendant by Kula Kamini Dassi before her death. It is sought to explain the allegation in the plaint that the notes came into the Defendant's hands after the death of the testatrix, by the assertion that the Plaintiff was a Subordinate Judge, who had to live at distant places, in the exercise of his duties, and was not in a posi

Click Here to Read the rest of this document