Maharaj Mathura Prasad vs Kodari
Judges: Daniels
08 April, 1926·JUDGMENT 1. This is an application in revision against an order passed by an Appellate Court allowing the plaintiff at the Stage of appeal to withdraw his suit under Order XXIII, Rule 1, C. P. C. with liberty to bring a fresh suit. It has been held in a number of cases that such an order is open tor...
High Court Of Judicature at Allahabad
Babu Ram vs Badri Das And Anr.
Judges: Daniels
08 April, 1926·JUDGMENT 1. This is a revision against a decree of a Small Cause Court. The parties to this suit were co-defendants in a previous suit. A joint decree for costs was passed against them and the plaintiff claims contribution. The suit has been dismissed on the broad ground that no suit for contributio...
High Court Of Judicature at Allahabad
Raja Ram vs Chhadammi Lal And Anr.
Judges:
08 April, 1926·2. On the 18th of August 1920 Chhadammi Lal filed a suit on his mortgage making Rajaram a party to that suit. The defence of Rajaram was that the mortgage deed had been paid up, but before that plea could be tried, the counsel who appeared for Chhadammi Lal stated that the mortgage bond held by Raja...
High Court Of Judicature at Allahabad
Nand Kishore vs Badan Singh
Judges:
07 April, 1926·2. The Collector, however, proceeded to enquire into the application and on the 18th November 1917 he passed an order setting aside the sale by reason of, what he described as "grave confusion" in describing the property intended to be sold, and he directed a fresh sale to be held after ascertaining...
High Court Of Judicature at Allahabad
Mohamed Sher Khan And Ors. vs Chamman Khan And Anr.
Judges:
07 April, 1926·JUDGMENT Sulaiman, J. 1. This appeal arises out of a suit brought to recover by way of contribution a share of the decretal amount paid by the plaintiff. The decree was a joint decree for damages against, the defendants. The amount claimed was less than Rs. 500. In my opinion no second appeal lies t...
High Court Of Judicature at Allahabad
Baldeo Sahai And Anr. vs B.B. And C.I. Railway And Anr.
Judges:
06 April, 1926·5. It has been found that "loss" of the goods has been proved. This shifted the burden of proof on to the plaintiff to establish at least prima facie that the loss was due to theft by a Railway servant or to "wilful neglect" by the Railway Administration or one of its servants other than (in the ung...
High Court Of Judicature at Allahabad
Municipal Board Of Benares vs Behari Lal And Brothers
Judges:
06 April, 1926·4. On the basis of evidence placed before it, the learned Judge formed the opinion that the repairs ought to have taken two months and the road ought to have been closed at one end at a time and as the repairs took four months and the road was closed at both ends, he presumed malice and negligence o...
High Court Of Judicature at Allahabad
Gopal And Ors. vs Collector Of Aligarh And Ors.
Judges:
02 April, 1926·5. The muafidar built some structures over the land, besides a pucca well and boundary walls when he planted the grove. The grove was in existence from before 1872, and if one of the incidents of the tenure was that the muafidar shall have no right to alienate his muafi land, but no right of re-entr...
High Court Of Judicature at Allahabad
Basawan Dube vs Anpurna Kunwar
Judges:
01 April, 1926·1. This purports to be a second appeal from an original order of the Munsif refusing to set aside the sale on the ground that the auction-purchaser had not deposited the balance of the purchase money within 15 days as required by Rule 85. 2. In my opinion no second appeal lies at all. Under Order 21...
High Court Of Judicature at Allahabad
Kanhaiya Lal Chaube vs Jangi
Judges:
01 April, 1926·4. The agreement of reference was executed on the 30th November 1908 and provided that the arbitrators shall decide the matters in difference between them, which were detailed therein, in such manner as they thought proper, and that the parties to the reference shall accept and be bound by any decis...
High Court Of Judicature at Allahabad
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