- (1.) This is an application for judgment upon admission, taken out by the plaintiffs in a suit for declaration that the plaintiffs are entitled to the amounts lying with the Reserve Bank of India, Kolkata and Allahabad Bank, Main Branch, Kolkata for payment of Rs. 60,00,000/- stated in paragraph 26 herein and such other amount or amounts as are found to be lying in the name of Shanti Biswas on discovery of assets and monies of Late Shanti Biswas.
(2.) The short fact of the case made out in the plaint is that the plaintiffs are the heirs and legal representatives of one Shanti Biswas, since deceased, who died intestate. The first plaintiff is the wife of the said deceased and the second plaintiff is the widow daughter of the deceased, third plaintiff is also the widow daughter of the deceased plaintiff.
(3.) According to the plaintiffs, the business was looked after by her husband on the strength of power of attorney, and from the income of the said business the late husband of the plaintiff No. 1 has diverted fund and invested during his lifetime in the 8 % yielding interest Reserve Bank Bond. The said bond was procured in the joint name of the deceased and the defendant No. 2 'either or survivor' basis. The aforesaid facts are admitted. Similar investment was made in the defendant No. 3.;