NARAYAN CHANDRA DAS Vs. DULAL CHANDRA DUTTA

JUDGEMENT

(1.) This appeal is on behalf of the defendant and arises out of a suit for the winding up of a partnership business and for accounts. The suit was instituted by Srimati Promoda Sundari Dasi as the next friend of the infant, Dulal Chandra Dutt. One of the objections that was taken by the defendant is that the suit was not maintainable by Promoda Sundari. It transpires in the evidence that at the date of the institution of the suit, the infant Dulal had attained majority and that the suit could not proceed in the form in which it had been laid. I shall state here that this objection was not specifically taken in the written statement. But an issue was raised and the matter was discussed before the Court of first instance, who gave effect to this plea taken by the defendant, and dismissed the plaintiff's suit. On appeal by the plaintiff to the lower appellate Court, that decision was reversed and the plaintiff obtained a partial decree in the suit. Against that decision this appeal has been preferred to this Court and in this second appeal two contentions have been raised before us.

(2.) The first ground taken is that the son Dulal, not being a party in the original suit the lower Court should not have allowed an amendment in the appellate stage without any application being made by any of the parties before it.

(3.) The second ground raised is that the suit is barred by limitation.