P. Sinha A. K. Dutt, with him for the respondent.
Appeal by special leave from the Judgment and Order dated 16th May, 1951, of the High Court of Judicature at Calcutta Harries C. J. and Das J. in Appeal from Original Order No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
92 of 1952.
The defendants 2 to 4 also filed written statements, challenging the legitimacy of the plaintiff and his claim to succession, and put forward their own rights as heirs under the customary law obtaining in the family.
Besides Asrumati, the plaintiff also impleaded three other agnatic relations of the deceased who are defendants Nos.
Asrumati filed her written statement on January 19, 1948, and the main defence put forward by her was that there was numberlegal marriage between her husband and the plaintiffs mother, the latter being only one of the several mistresses of her husband.
2 to 4 and also his own two younger brothers as defendants to the suit.
On 30th April, 1948, the plaintiff presented an application in the Original Side of the High Court of Calcutta under clause 13 of the Letters Patent, praying for transfer of the suit filed in the Jalpaiguri companyrt to the High Court to be tried in its Extraordinary Original Civil Jurisdiction.
She denied that there was any custom in the family under which females were excluded from inheritance.
Against this decision the defendant No.
This application was heard by Banerjee J. sitting singly and by his order dated the 25th of April, 1949, the learned Judge allowed the application, substantially on the ground that having regard to the atmosphere of prejudice that was created in the locality by supporters of the defendant, who wielded 1162 companysiderable influence in the district, the plaintiff might have a legitimate apprehension that he would number get fair trial in the district companyrt.
February 27.
C. Chatterjee B. Sen, with him for the appellant.
136 of 1949 arising out of Judgment and Order dated the 25th April, 1949, of the said High Court Banerjee J. in Extra ordinary Suit No.
2 of 1948.
