Case Analysis
In the Calcutta High Court
Decided on: 30th June, 1942
Appellant: Sm. Bibhabati Devi W/O Kumar
Vs.
Respondent: Kumar Ramendra Narayan Roy
Introduction:
The ruler of Bhowal, Raja Rajendra Roy, had three sons, Ranendra Narayan, Ramendra Narayan,
and Rabindra Narayan, who acquired the holdings known as the Bhowal estate in equal portions
from his late father, Raja Rajendra Roy. Ramendra Narayan, the second son, married Bibhabati
Devi and travelled to Darjeeling in April 1909. The Second Kumar got unwell there. According to
the Kumar's wife's assumption, he died on May 8, 1909. The respondent who is said to have dead
a few years back in this unusual situation. After examining the evidence, the Court made
considerable judgments on the period prescribed and essential circumstances.
Background:
The respondent, Kumar Ramendra Narayan Roy, filed a suit against the current appellant at the
Council of the First Administrative Judge. In the plea, he made a declaration that he is the second
son of the late Rajah Rajendra Narayan Roy of Bhowal, as well as confirmation of his possession
of a 1/3rd share of the assets. He also urged injunctions to prevent anyone from interfering with
his possession. In his written statement, the current appellant claimed the identification of the
defendant (plaintiff in the original action) as Kumar Ramendra Narayan Roy (Second Kumar). He
further claimed that the litigation was prohibited by the statute of limitations.
Procedural History:
A special leave appeal was filed against a November 25, 1940 order of a high court of justice at
Fort William, Bengal. A decree of a first addition to District Judge Dacca dated August 24, 1936
