JUDGMENT 1. Following the decision of this Court in Raj Kumar Mazumdar v. Probal Chandra Ganguli 9 C.W.N. 656 by which we are bound, rather than the obiter dictum pronounced in Jarraw Kumari Saheba v. Hanifuddin Akanda 4 Ind. Cas. 471 : 14 C.W.N. 389 we dismiss this appeal under Order XLI, Rule 11, Civil Procedure Code.