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CALCUTTA HIGH COURT
UNKNOWN, UNKNOWN
Musammat Ashgari Bibi v. Shamal Kumar Basu Mullick and Others
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| 1. the nature of the suit and its procedural questions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. the contention of the appellant regarding the death of the original tenant. (Para 8 , 14) |
| 3. identification of relevant legal tests regarding additions of parties. (Para 9 , 10 , 11 , 12 , 15 , 17 , 20) |
| 4. distinction in legal outcomes for suits with joint tenants versus sole defendants. (Para 24 , 26) |
| 5. affirmation of the lower court’s decision. appellant's appeal dismissed. (Para 28 , 29) |
1. This appeal by the plaintiff who has had a mixed fortune so far, viz., successful termination of the suit before the learned trial court and then dismissal of the suit on appeal by the contesting defendants, raises a very short but interesting question.
2. The question involved is whether in a suit against a person who dies before the institution of the suit, his legal heirs and representatives can be subsequently brought on record on discovery of the fact of his death.
3. The plaintiff's suit which is for the setting aside of the ex parte decree passed against her in Title Suit No.221 of 1957 and for recovery of possession and other reliefs, is based on the following facts :
Abdur Rahaman, the pl
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