Maharaj Singh vs Harsahai Mal And Ors.
Judges: Pearson, Oldfield
29 April, 1879·1. Having inspected the Collector's proceedings we are of opinion that the first ground of appeal is valid and must be allowed. It appears that the plaintiffs father applied for a partition of 19 biswas and 161 biswansis share of the mauza under Act XIX of 1863, and that an objection was taken to th...
High Court Of Judicature at Allahabad
Kanchan Singh And Ors. vs Sheo Prasad
Judges: Pearson, Spankie
28 April, 1879·1. Article 167, q. v. supra II All. 274 Schedule ii of Act IX of 1871, provides that an application to enforce payment of an instalment which the decree directs to be paid on a specified date may be made within three years from the date so specified. The present application to enforce the payment of...
High Court Of Judicature at Allahabad
Raghu Ram And Ors. vs Dannu Lal
Judges: Pearson, Oldfield
25 April, 1879·1. The question is whether the application of the 18th February 1868 was within time. The last preceding application was made on the 21st December 1864, and in pursuance thereof notice was issued to the judgment-debtor. On the 7th February 1865, the Court required the decree-holder to produce proof ...
High Court Of Judicature at Allahabad
Collins vs Maula Bakhsh And Ors.
Judges: Pearson, Spankie
23 April, 1879·JUDGMENT Pearson, J. 1. The appeal must prevail. The decision of the lower Courts is opposed to numerous rulings of this Court see Husain Bakhsh v. Madge I.L.R. 1 All. 525 to the effect that an application to transfer a decree for execution from one Court to another is an application to keep a decre...
High Court Of Judicature at Allahabad
Kadir Bakhsh vs Ilahi Bakhsh And Anr.
Judges: Pearson, Spankie
23 April, 1879·JUDGMENT Pearson, J. 1. We see no sufficient reason to interfere with the lower Appellate Court's decision which is in conformity with the terms of the law, and is supported by this Court's ruling dated the 20th December 1870 (unreported). The appeal is therefore dismissed....
High Court Of Judicature at Allahabad
Sohan Lal And Anr. vs Karim Bakhsh
Judges: Pearson, Spankie
22 April, 1879·JUDGMENT Pearson, J. 1. The concluding clause of Section 230 of Act X of 1877 appears to us to refer to the question of limitation, not that of diligence. In this case a previous application had been made to the Court under the section, of which the third clause therefore appears to be applicable. T...
High Court Of Judicature at Allahabad
Empress Of India vs Nilambar Babu
Judges: Spankie
21 April, 1879·2. It may perhaps be doubted, if nothing more be done than the mere issue of a proclamation, whether the course adopted by the Magistrate would have amounted to a "judicial proceeding." At the same time "judicial proceeding" means any proceeding in the course of which evidence is, or may he taken, o...
High Court Of Judicature at Allahabad
Sheo Prasad vs Anrudh Singh
Judges: Pearson, Spankie
17 April, 1879·JUDGMENT Pearson, J. 1. In our opinion the lower Courts are wrong in holding that the period of three years allowed by law for the execution of the ex parte decree, dated 2nd December 1874, should be reckoned from the date of the order of the Appellate Court which upheld the first Court's order refu...
High Court Of Judicature at Allahabad
Sultan Kuar vs Gulzari Lal
Judges: Pearson, Oldfield
17 April, 1879·1. Although debts are mentioned in the category of property liable to attachment and sale in execution of a decree in Section 166 of Act X of 1877, yet it is apparent from the provisions of Section 273 of the Act that the sale of a money-decree is not contemplated as the result of its attachment, an...
High Court Of Judicature at Allahabad
Ram Prasad vs Chamaili Kuar
Judges: Pearson, Spankie, Oldfield
16 April, 1879·Oldfield, J. 3. The question of the power of a son to set aside a sale of joint ancestral property effected by the father, and the liability of the joint ancestral estate for a father's debts, was discussed by their Lordships of the Privy Council in Girdharee Lall v. Kuntoo Lull and Muddun Thakoor v...
High Court Of Judicature at Allahabad
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