The learned companynsel for the appellant bank has agreed to this suggestion.
To prove this we have two letters produced by the appellant 1 dated 3rd June, 1968 and the other dated 17th June, 1968.
CALCUTTA.
M s. S.N. Sen Co. Dear Sir, 3rd June, 1968.
From the Judgment and Order dated 16.6.1972 of the Calcutta High Court in Appeal No.
The two letters read as fol lows 10 OLD POST OFFICE ST.,
Kananbala Devi informed the Deshapriya Park Branch of the bank of the death of the defendant.
Yours faithful ly, sd K.P. Mustaphy.
Yours faithful ly, Sd K.P. Mustaphy.
54 of 1969.
The bank had several branches in Calcutta.
On the 20th Dec., 1960 the widow of the defendant, 1092 Smt.
The bank had branch at Victoria street, Westminster.
Both the letters are written by the companynsel for the defend ant to 1094 the bank.
It was this branch that instituted the suit in question.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
One of the branches was the Royal Exchange Branch.
M s. S.N. Sen Co. Dear Sir, 17th June 1968.
The plaintiff was the United Bank of India Ltd. The defendant had an over draft account with the bank.
The delay in making these applications was attempted to be explained with the plea that the Royal Exchange Branch of the bank had numberknowledge of the death of the defendant till the Deshapriya Park Branch was informed of the death.
It is evident from the first letter that even on 3rd June, 1968, the companynsel for the defendant did number know about the death of the defendant.
The applications for impleading the legal representa tives of the defendant and for setting aside abatement were made by a Chambers Summons on the 8th August, 1968 about 8 years after the death of the defendant.
1747 N of 1973.
Suit No.
He died on the 6th November, 1960.
The defendant in the suit was one Ramesh Chandra Roy Choudhury.
United Bank of India Ltd. v. Ramesh Chandra Roy Choudhury.
The Judgment of the Court was delivered by KHALID, J. This is an appeal by special leave filed by the plaintiff bank against the judgment of the Calcutta High Court, arising from suit number 547 of 1952, filed for recovery of a sum of Rs.17,091 0 1 with interest.
As I have number yet been able to make companytact with my client until number in spite of my at tempts on that behalf, please do number mention the suit tomorrow but mention the suit some time next week.
The suit was part heard about 9 or 10 years before and my client has number seen since then.
547 of 1952 United Bank of India Ltd. V. Ramesh Chandra Roy Choudhury Kindly numbere that when the above suit will be mentioned by you before his Lordship the Honble Mr. Justice R.M. Dutt, I will submit his Lordship that as the defendant died in 1960, the suit has abated and cannot be pro ceeded with.
I hope you will mention the suit next week on previous numberice to me.
of which the manager was Mr. Stephen Trott.
