Ram Sarup vs Dalpat Rai And Ors.
Judges: Sulaiman, G Prasad
15 June, 1920·(1) It gave the purchaser a right to receive back his purchase money from any person to whom the purchase money had been paid, in cafe the sale was set aside under Section 312 or 313; and (2) It also gave him such right when, although the sale was not set aside, it was found that the judgment-debtor...
High Court Of Judicature at Allahabad
Ram Saroop vs Dalpat Rai And Ors.
Judges: Sulaiman, G Prasad
15 June, 1920·3. A controversy naturally arose as to whether the auction purchaser's remedy was limited to an application in the execution department, or whether he could maintain a separate suit. This controversy was set at rest by a decision of the Full Bench of this Court, reported as Munna Singh v. Gajadhar S...
High Court Of Judicature at Allahabad
Pritam Gir vs Mahant Basdeo Gir
Judges: G Mears, K C J, Sulaiman
12 June, 1920·JUDGMENT Grimwood Mears, Kt. C.J. and Sulaiman, J. 1. This appeal has been filed from an order of the District Judge of Ghazipur, dated the 14th of December, 1917, purporting to be under Section 5 of the Religious Endowments Act (No. XX of 1863). The proceeding started by an application under Sectio...
High Court Of Judicature at Allahabad
Basdeo Gir vs Pritam Gir
Judges: G Mears, K C J, Sulaiman
12 June, 1920·1. This is an application in revision under Section 115 of the Code of Civil Procedure against an order of the District Judge of Ghazipur, dated the 14th of December, 1917. Before we can interfere in this revision we have to be satisfied that the case falls under one or other of the three clauses of...
High Court Of Judicature at Allahabad
Shib Dayal vs Meharban And Ors.
Judges: Tudball
12 June, 1920·JUDGMENT Tudball, J. 1. This is a reference by the Taxing Officer. The facts are simple. The plaintiff, who is the appellant in both the appeals which have been filed, brought a suit to enforce a mortgagre against the opposite party. The Court of first instance held that the remedy against the prope...
High Court Of Judicature at Allahabad
Mahant Basdeo Gir vs Preetam Gir
Judges: G Mears, Sulaiman
12 June, 1920·JUDGMENT 1. This appeal has been filed from an order of the District Judge of Ghazipur, dated the 14th of December 1917, purporting: to be under Section 5 of the Religious Endowments Act (No. XX of 1863). The proceeding started by an application under Section 5 of the said Act is a miscellaneous pro...
High Court Of Judicature at Allahabad
Shib Dayal vs Meharban And Ors.
Judges: Tudball
12 June, 1920·JUDGMENT Tudball, J. 1. This is a reference by the Taxing Officer. The facts are simple. The plaintiff, who is the appellant in both the appeals which have-been filed, brought a suit to enforce a mortgage against the opposite party. The court of first instance held that the remedy against the proper...
High Court Of Judicature at Allahabad
Mahant Basdeo Gir vs Preetam Gir
Judges: G Mears, Sulaiman
12 June, 1920·1. This is an application in revision under Section 115 of the Code of Civil Procedure against an order of the District Judge of Ghazipur, dated the 14th of December 1917. Before we can interfere in this revision, we have to be satisfied that the case falls under one or other of the three clauses of...
High Court Of Judicature at Allahabad
Amir Chand vs Lakhmi Chand And Ors.
Judges: G Mears, Sulaiman
10 June, 1920·JUDGMENT 1. This is an appeal by the plaintiff arising oat of a suit for partition of joint family prop arty. The suit has been dismissed on the technical ground that the plaintiff failed to include in his claim certain items of joint family property. The other points raised in the suit have not bee...
High Court Of Judicature at Allahabad
Gobind Ram And Ors. vs Mahmud Jahan Begam
Judges: Tudball, K Lal
09 June, 1920·1. This is an appeal by one defendant out of a large number of parties to a partition suit instituted in the Civil Court. Gobind Ram, Hari Ram and Anand Ram sued for partition of their shares in certain properties claiming a three-fifths share therein. The property consisted of house property and so...
High Court Of Judicature at Allahabad
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