Bhagwan Das Naik And Ors. vs Mahadeo Prasad Pal And Ors. on 15 February, 1923
13. We do not intend to extend this judgment to undue proportions by considering all of those cases. We propose to limit ourselves to a reference to the cases in which that theory has found expression in this Court. The first of those cases is Bhagwan Das v. Mahadeo Prasad A.I.R. 1923 All. 298. It was a judgment of Rafique, J., and Lindsay, J. That was a case of a speculative litigious suit, and it was held that such a suit was not for the benefit of the estate. With this view we think there can be no possible ground for disagreement.