JUDGMENT

Panckridge, J. - This is a suit of a somewhat unusual kind. There was a suit of 1904 relating to a certain debutter estate. It appears there were two families, each of which sought to have its members appointed as shebaits. One family may conveniently be referred to as the Bysacks, and the other family as the Setts. Litigation was prolonged, and in 1919 there was an appeal to the Privy Council. At that stage a gentleman named Atul Chunder Bysack was a defendant in the suit, and as such a respondent in the appeal. It is stated however that he took nO great interest in the litigation either when it was before this Court or when the appeal was pending before the Judicial Committee. He died in 1922, leaving him surviving his wife, a lady named Nandarani Dassee, and the three plaintiffs before me, all of whom were then infants.

2. In December 1922, Mr. J. C. Dutt, who was acting for one of the Sett family, took out notice of motion for delivery by certain of the Bysacks of the thakur to his client. This notice was served on the present plaintiff as the sons and heirs of Atul Chunder Bysack. On 5th January 1923, Mr. Dutt wrote to Nandarani that, unless she applied as natural guard