citations: 122IND. CAS.197
JUDGMENT
Page, J.
1. This is an originating summons by the plaintiff taken out by his mother as next friend ... property move-able and immoveable of the testator. The originating summons is in the following form:
Let the defendants Ashutosh Mukherjee, Sadasiva Mitter and Khitipdra
genealogical table in the application for originating summons:
CHUNIMONI DASI D 9.9.1917
________________________________|_____________________________
| | |
Gourmohan D. 9.10.1906 Satciwrie D. 21.11.42 Tincowrie D. 12.1.1921
_______|______________________________ | _________________|____________
| | | | | | | | |
Kunal D5 Krishna Gopal ... 21st November 1942.
13. Differences having arisen amongst the trustees, an originating summons was taken out by Jiban and Goloke, giving rise
This appeal arises out of questions answered on an originating summons filed by the respondents Nos.1 and 2 as executors of the will ... until the minor attained the age of 18 years.
3. The originating summons which was taken out by two of the three executors before this
CALCUTTA 258
JUDGMENT
Page, J.
1. This is an originating summons by the plaintiff, taken out by his mother as next friend, in which ... title to the property moveable and immovable of the testator. The originating summons is in the following form:
Let the defendants Ashutosh Mukhorjee, Sadasiva Mitter
rules of the Original Side and can be conveniently dealt with by way of an originating summons. In the event, however, the Court upon such ... under Chapter XIII of the Rules of Original Side of this Court by way of an originating summons and obtained an ex parte order
this Court whereby an application made by the plaintiffs/appellants for originating Summons in Suit No. C.S. 151 of 1997 was dismissed ... Chapter-XIII of the Original Side Rules of this Court.
8. The purpose of applying for and issuance of Originating Summons, as would be eivident
taxation underthe decree passed on 24th July 1941 on an originating summons which was marked as Suit No. 706 of 1939 Order ... originating summons was concerned with the will dated 3rd August 1863 of Raja Sir Radhakanta Deb Bahadur who died on 19th April 1867. The will
supra). Chapter XIII of the
Original Side Rules which provides the special procedure by way of a
originating summons has its origin and source ... rules of
the Original Side and can be conveniently dealt with by way of an
originating summons. In the event, the Civil Court finds
CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
Present:
The Hon'ble Justice Sugato Majumdar
CS/394/1999
(ORIGINATING SUMMONS SUITS)
PRADYUT KUMAR SAHA ... discretion as to whether an
Originating Summonsshould be entertained.
"Essentially an Originating Summons has been regarded as appropriate
remedy where a question of interpretation
Chapter XIII of the Original Side Rules which specifically
provides as to who may take out Originating Summons and in
respect of what matters tried ... rules of
the Original Side and can be conveniently dealt with by
way of an originating summons. In the event, however,
the Court upon such