JUDGMENT

1. The litigation which has culminated in this appeal was commenced by the plaintiff respondent for adjustment of accounts, Tarini Charan Singh, the father of the plaintiff, died on the 5th November 1899. On the 4th March 1881 he had made a testamentary disposition of his properties and had nominated his wife, Rangini Dasi, the sixth defendant in this suit, as executrix to his Will. On the 27th April 1901 the widow obtained probate and took possession of the estate as executrix. Differences arose, however, amongst the members of the family, which consisted of the three sons of the testator (the plaintiff, Narendra Narayan, the first defendant, Debendra Narayan, and Surendra Narayan, the father of defendants Nos. 2-5) and a daughter, Basanta Kumari. The result was that in 1903, the present defendant, Debendra Narayan, instituted a suit for construction of the Will and for administration of the estate. The suit was decreed in the Court of first instance on the 28th July 1905. On appeal by Debendra Narayan a consent decree was made in this Court on the 18th March 1906. Under that decree Debendra Narayan became entitled to recover a sum of Rs. 15 000 from the estate and for tha