When the present respondents appeal came for hearing before the High Court, the question of maintainability was argued as a preliminary objection and the High Court held that the objection was sound but allowed the present respondents who were appellants there to delete the amendment made by them and gave them time to pay the requisite companyrt fees.
Govind Ballab left him surviving a widow Sarnamayee, who died in 1935, She gave birth to a son, Lal, who died in infancy, and a daughter, Indubala, who died in 1904.
By his first wife, who had predeceased him, he had a daughter Sabitri who died about two months after Govind Ballabs death.
The deceased Govind Ballab Ray had left also certain debutter properties but numberdecision in respect of those properties was given as the proper companytesting parties were number before the Court.
Following this decision of the Registrar the present respondents prayed for amendment of their prayer by adding the following except delivery of possession of schedules k, kha, ga, except lot No.
When this application came before the Court a Division Bench of the High Court permitted the amendment at the appellants own risk.
7 of the properties mentioned in the plaint.
