Nasir Khan vs Itwari And Ors.
Judges: Ryves, Daniels
28 May, 1923·1. The appellant before us was the judgment-debtor, and on an application being made to execute the decree against him, he objected that the application was time-barred. The trial court dismissed the objection. The objector appealed and on the date fixed for the hearing of the appeal failed to put i...
High Court Of Judicature at Allahabad
Nasir Khan vs Itwari And Ors.
Judges: Ryves, Daniels
28 May, 1923·1. The appellant before us was the judgment-debtor, and on an application being made to execute the decree against him, he objected that the application was time-barred. The Trial Court dismissed the objection. The objector appealed and on the date fixed for the hearing of the appeal failed to put i...
High Court Of Judicature at Allahabad
Jagesar Pande And Anr. vs Deo Dat Pande And Anr.
Judges: Ryves, Daniels
28 May, 1923·1. This case has been referred to a Bench because the precise point has not been previously decided. The question is whether the reversioner has a right to challenge an alienation made by the father as manager of a joint Hindu family which the son, who had a right to challenge it, did not challenge ...
High Court Of Judicature at Allahabad
Chhammu Lal And Ors. vs Bhajan Lal And Ors.
Judges: Ryves, Daniels
28 May, 1923·JUDGMENT 1. This appeal arises out of a suit for redemption of a usufructuary mortgage of some shops executed in 1843 by the predecessors in little of the plaintiffs. The plaintiffs claim that the principal and interest had been more than paid up by the usufruct. Various defences were raised in the ...
High Court Of Judicature at Allahabad
Bu Ali Khan vs Sujan Kuar
Judges: G Mears, Piggott
25 May, 1923·1. The question before us is whether we can or ought to certify that the appeal proposed to be preferred by the unsuccessful defendants-appellants, against a decision of this Court, dated the 3rd of August 1922, satisfies the conditionso laid down by section no of the Code of Civil Procedure, so as ...
High Court Of Judicature at Allahabad
Sujan Kunwar vs Bu Ali Khan
Judges: G Mears, Piggott
25 May, 1923·1. The question before us is whether we can or ought to certify that the appeal proposed to be preferred by the unsuccessful defendants appellants against a decision of this Court, dated the 3rd of August, 1922, satisfies the conditions laid down by Section 110 of the Code of Civil Procedure,, so as...
High Court Of Judicature at Allahabad
Beti Mahalakshmi Bai And Anr. vs Chaudhari Badan Singh And Anr.
Judges: Walsh, K Lal
23 May, 1923·1. This is an appeal from an older refusing to enforce a security bond, filed under Order XU, Rule 5, Civil Procedure Code by an execution proceedings. In the course of an appeal pending in this Court an order for the stay of execution of a decree for costs was obtained by the judgment-debtor pendin...
High Court Of Judicature at Allahabad
Beti Mahalakshmi Bai And Anr. vs Badan Singh And Anr.
Judges: Walsh, K Lal
23 May, 1923·1. This is an appeal from an order refusing to enforce a security bond, filed under Order XLI, Rule 5 of the Code of Civil Procedure, by an execution proceeding. In the course of an appeal pending in this Court, an order for the stay of execution of a decree for costs was obtained by the judgment-de...
High Court Of Judicature at Allahabad
Muhammad Said vs Bishambhar Nath
Judges: G Mears, Piggott
22 May, 1923·1. We now turn to the second question. Should the decree in favour of the plaintiff be made subject to any and what conditions of re-payment? 2. Notwithstanding that the effect of our first finding is to declare the contract between the parties destitute of legal effect, we are of opinion that we ha...
High Court Of Judicature at Allahabad
Bishambhar Nath vs Muhammad Said
Judges: G Mears, Piggott
22 May, 1923·(i) Was Bishambhar Nath a minor on the 20th of September, 1916? (ii) If the first issue be found in the affirmative, should the decree in favour of the plaintiff be made subject to repayment of any consideration actually received by him from the defendant on account of the sale-deed in question? [Th...
High Court Of Judicature at Allahabad
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