9911796707
TMI Blog1902 (12) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... eaving any issue, but leaving his widow, Musammat Gend Kunwar, surviving him. Upon his death Musammat Gend Kunwar succeeded to the property as a Hindu widow, but being found in the year 1874 to be unfit for the management of it, the property was, under Act No. XIX of 1873, placed under the management of the Court of Wards. Musammat Gend Kunwar died on the 10th of January, 1887, and upon her death the Collector of Allahabad took possession of the property on behalf of the Secretary of State for India in Council, who claimed it by way of escheat. On the 24th of January, 1896, that is, upwards of nine years from the death of Musammat Gend Kunwar, a notice, purporting to be under the provisions of section 424 of the Code of Civil Procedure, wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aning of the section, and dismissed the suit. From this decree the present appeal has been preferred. 2. The main question for our determination then shortly is, whether or not a notice given under section 424 of the Code of Civil Procedure by parties who subsequently die without instituting a suit, can be availed of by their heirs and representatives as a valid notice preliminary to a suit instituted by such heirs and representatives. In other words, whether or not a notice given under the provisions of section 424 by a party who dies before any suit has been instituted by such party will enure for the benefit of his representatives, and entitle the representatives to maintain a suit without giving a fresh notice. A subsidiary point has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interpret the section according to the recognised rules for the interpretation of Acts of the Legislature. The section prescribes that no suit shall be instituted unless the provisions of the section have been complied with. No stronger words of prohibition than these could well have been used. They are not that no suit shall be proceeded with or maintained until the provisions of the section have been complied with, but no suit shall be instituted An Act which deals with the procedure of Courts of Justice is, as a rule', construed strictly. If it be that the words cause of action as used in the section mean everything which a party must allege and prove in order that he may succeed in a suit, it is obvious that the notice which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... add after the words name and place of abode of the intending plaintiff some such words us or of the party through whom such intending plaintiff claims. This we are not at liberty to do. We may observe, moreover, that there is nothing to show that Pirthi Pal Singh and Sitla Bakhsh Singh ever intended to institute a suit. It is one thing to serve a notice under section 424, and another thing to institute a suit. From the fact that no suit was instituted by them in their life-time, the reasonable inference is, that if they ever really intended to do so, they abandoned the idea. The notice is dated so far back as the 24th of January, 1896, and Sitla Bakhsh Singh did not die until the 9th of December, 1897, that is nearly two years after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be commenced, presented or taken by any person whomsoever, there shall be transmitted by such person to the said Board (i.e. the Charity Commissioners) notice in writing of such proposed suit.... 5. The section goes on to provide that the Board may by order or certificate authorize a suit to be commenced, c. Then follows this provision:-- and (save as herein otherwise provided), no suit, petition or other proceeding for obtaining any such relief...shall be entertained or proceeded with by the Court of Chancery, or by any Court or Judge, except upon and in conformity with an order or certificate of the said Board. It was held by Cotton, Bowen and Fry, L. JJ., overruling Kay, J., that if the consent of the Charity Commissioners ..... X X X X Extracts X X X X X X X X Extracts X X X X
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