Bhobotarini Debi vs Sree Ram Paul

Maclean, J.—The respondent''s pleader objects to our hearing this appeal on the ground that the plaintiff, appellant, Bhobotarini Debi, was not the plaintiff in the original suit, and that therefore she has no locus standi in this Court. It is a matter of surprise that this objection should have been raised here, because we find that the person who is now appellant before us was alone placed upon the record in the lower Appellate Court as respondent. We cannot therefore, allow the objection to bar the hearing of this appeal. The appellant''s vakeel recognizes his situation and asks us to set aside the judgment of the lower Appellate Court, which is adverse to her in saddling her with costs, on the ground that she was not liable under the Munsif''s decree and was in fact improperly made respondent in the Court below. We think there is no way out of the respondent''s dilemma. Having omitted to make Suttobali Debi, the real plaintiff, respondent in the lower Appellate Court, he has lost his opportunity of questioning the Munsif''s decree in her favour. The decree of the lower Appellate Court, modifying the Munsif''s decree, is valueless and should be set aside. As the ground upon which we set aside the decree of the lower Appellate Court was not taken by the appellant before us in the memorandum of appeal, we cannot allow her any costs. The appeal is decreed without costs, the decree of the Subordinate Judge is set aside, and the decree of the Munsif is restored.