S.Datta, J. - (1.)On the 6th December 1939 Kaviraj Sudhindranath Sen filed this mortgage suit against the mortgagor Narsinghdas Agarwalla who is now represented by his nephew, sole heir and legal representative, Jibandas Agarwalla and against Nawab Habibulla for himself and his co-sharers of the Dacca Nawab Estate represented by the then Chief Manager, Court of Wards.
(2.)In or about 1939 the plaintiff obtained leave under O. L.R. 8 of the Civil Procedure Code from the Hon'ble Mr. Justice McNair. Thereupon notices were published under 0. 1 R. 8 of the Code in the Statesman and Mohammadi.
(3.)In January 1948 the then Manager of the Court of Wards of the Dacca Nawab Estate Mr. AM Azam filed a warrant of attorney in favour of M. K. Roy Chowdhury and Co. solicitors. Thereafter an application was made by 54 co-sharers of Nawab Habibulla for being added as parties to the suit and for extension of time to file written statements. In June 1948 this application was granted by the Hon'ble Mr. Justice Majumdar.