C.P. Paul vs Hydro Power Constructions, ... on 28 February, 1996
In the above decisions relied upon by the learned counsel for the impleading petitioners a more liberal view has been taken when compared to the view taken in a large number of other decisions such as M.K. Sowbhagiammal v. Komalangi, AIR 1928 Mad 803; Komalangiammal v. Sow-bhagimmal, AIR 1931 Mad 37; Janki Saran v. Ramabahadur, AIR 1932 Pat 343, In re: Mrs. Elsie Augusta Black, AIR 1941 Pat 151, Southern Bank v. Kesardeo; AIR 1958 Cal 377; Thillainayagi Ammal v. Saradambal, AIR 1955 Mad 576 and John Simon v. George John, AIR 1955 Trav-Co 177. The tests adopted in the decisions which has taken a liberal view is that laid down by Field, J. in the matter of the petition of Bhobosoondari, (1881) ILR 6 Cal 460, which is to this effect: