The Himalaya Bank, "Limited," In ... vs Ghulam Muhammad
Judges: Knox, Aikman
27 February, 1895·JUDGMENT Knox and Aikman, JJ. 1. This is a first appeal from an order passed by the District Judge of Saharanpur whereby he set aside a decree of the Small Cause Court Judge passed in his capacity of Subordinate Judge and remanded the case for re-trial on the merits under Section 562 of the Code of ...
High Court Of Judicature at Allahabad
Muhammad Asad Ali vs Barkat-Un-Nissa
Judges: Knox, Aikman
25 February, 1895·1. This is a first appeal, from an order passed by the District Judge of Shahjahanpur whereby that Judge remanded the suit out of which the appeal before him arose under Section 562 of the code of Civil Procedure for decision upon its merits. The suit is what is known as a preemption suit. Muhammad ...
High Court Of Judicature at Allahabad
The Maharaja Of Bhartpur And Ors. vs Bhagwan Das
Judges: Knox, Aikman
25 February, 1895·JUDGMENT Knox and Aikman, JJ. 1. Upon this appeal being called on for hearing, two preliminary objections were raised by the learned vakil who appears in the case on behalf of the present ruling Chief of Bhartpur, one of the respondents; plaintiff in the Court of First Instance. The first is to the ...
High Court Of Judicature at Allahabad
Kanhai Lal vs Madan Mohan Lal And Anr.
Judges: Knox, Aikman
20 February, 1895·JUDGMENT Knox and Aikman, JJ. 1. This is an appeal from an order passed by the Subordinate judge of Bareilly in appeal remanding a case under Section 562 of the Civil Procedure Code for trial on the merits. The claim as laid by the plaintiff was to enforce payment of money which had been borrowed fr...
High Court Of Judicature at Allahabad
Durga Singh vs Naurang Singh
Judges: Aikman
19 February, 1895·JUDGMENT Aikman, J. 1. This was a suit by a puisne mortgagee to redeem the mortgage of a prior mortgagee who was under his mortgage in possession of the mortgaged property, namely, certain agricultural land. The plaintiff paid into Court the amount secured by the prior mortgage. In addition to the s...
High Court Of Judicature at Allahabad
Thakuri vs Kundan And Anr.
Judges: Aikman
19 February, 1895·JUDGMENT Aikman, J. 1. Musammat Thakuri, the appellant in this case, brought a suit for possession of one-half of a dwelling-house. Her case was that the house had been jointly built by her husband Chajju and his uncle Khushi; that after Chajju's death, which took place some 18 or 19 years ago, Khus...
High Court Of Judicature at Allahabad
Todar Mal vs Said Muhammad And Ors.
Judges: Knox, Aikman
13 February, 1895·JUDGMENT Knox and Aikman, JJ. 1. There is but one point for determination in this second appeal. In order to explain that it will be necessary briefly to allude to the procedure adopted by the Court of First Instance. The date fixed for the settlement of the issues was, first, the 23rd September, an...
High Court Of Judicature at Allahabad
Bithal Das vs Shankar Das Dube
Judges: Blair, Burkitt
12 February, 1895·3. The decree-holder in the present case appeals against the order rejecting his prayer for execution against the property he sought to have attached and sold. The earned Counsel who appeared for the appellant addressed to us a very able argument in which he endeavoured to show firstly, that the agr...
High Court Of Judicature at Allahabad
Ram Udit Pande And Anr. vs Ambika Dat
Judges: Knox, Aikman
12 February, 1895·1. This is an appeal from an order whereby the Subordinate Judge of Jaunpur remanded to the Court of First Instance under the provisions of Section 562 of the Code of Civil Procedure for trial on the merits a suit in which the Munsif of Jaunpur dismissed the claim of the plaintiffs before him, respo...
High Court Of Judicature at Allahabad
Raghu Nath vs Shib Charan Lal
Judges: J Edge, Kt, Banerji
11 February, 1895·9. In the present suit the same Munsif held that by reason of his finding as to title in the previous suit the question of the title of the plaintiff Raghu Nath as one of the four heirs of Mansukh was res judicata under Section 13 of Act No. XIV of 1882, and also found as a fact that, apart from the...
High Court Of Judicature at Allahabad
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