(Lala) Gopi Chand vs Jodhraj Deojit And Ors.
Judges:
12 March, 1929·1. This second appeal arises out of a suit brought by the plaintiff-appellant for a declaration that certain property which the defendant-respondents have attached, and applied for sale of, in execution of a decree is not liable to attachment and sale. The appellant based his suit on a sale-deed by ...
High Court Of Judicature at Allahabad
Musammat Kamela Bibi vs Sheikh Baqar Husain And Anr. And ...
Judges: Boys
12 March, 1929·2. The learned Munsif in the present suit thus expresses his view of this judgment: "I am of opinion that the issue framed by the Court of first instance and the Appellate Court referred to above was not necessary for the decision of that suit.... This being so, I hold that the decision of the Appel...
High Court Of Judicature at Allahabad
Mirza Mal Bhagwan Das vs Rameshar And Ors.
Judges:
12 March, 1929·If each of the executants entered into his partnership in his own individual capacity, he admittedly counts as one. On the other hand, if he entered into partnership in his representative capacity on behalf of his family, then his joint family must be considered to be a unit and must be deemed to be...
High Court Of Judicature at Allahabad
Nankoo Ahir vs Bhagelu Ahir And Ors.
Judges:
12 March, 1929·JUDGMENT Dalal, J. 1. There appears to be a lot of misapprehension as regards the provisions of Order 22. In the present case, the statement before the Court is that Chilar Ahir deceased respondent died and a request is made that the abatement as against him be set aside. At the same time it is subm...
High Court Of Judicature at Allahabad
Nand Kishore Rai vs B. Ganesh Prasad Rai And Ors.
Judges:
12 March, 1929·2. Mr. Varma argues that this was an admission of law. Whether an admission of law or an admission of fact, when the representative of a party makes a statement that party is bound thereby, and it would be doing great injustice to a Subordinate Court of law to reopen a matter there which has been de...
High Court Of Judicature at Allahabad
Rikhab Kumar And Anr. vs Trivedi And Co.
Judges:
07 March, 1929·2. We are of opinion that the learned Subordinate Judge came to a right conclusion, and that the matter is, when one examines the terms of the contract, beyond argument. 3. The first point to be noticed is that the price of the goods was to be paid in Calcutta, and when one turns to the arbitration ...
High Court Of Judicature at Allahabad
Rameshar Prasad Lal vs Ghisiawan Prasad And Ors.
Judges:
07 March, 1929·At the time of transfer of the property of any cosharer other cosharers have a right of pre-emption according to the rule and custom. 3. This translation omits one word which has been read by the learned Subordinate Judge as "mazhab" meaning religion. The entry would then read "according to the righ...
High Court Of Judicature at Allahabad
Mithan Lal vs Maya Devi And Ors.
Judges:
07 March, 1929·2. There next followed some efforts on behalf of Mt. Nando Kuer to execute the decree but on 20th January 1926, it was held as we are informed, that there could be no execution till a final decree had been prepared under Order 34, Rule 5. On the same date, 20th January 1926, Mt Nandu Kuar made a gif...
High Court Of Judicature at Allahabad
Hardani Lal vs Ram Nath
Judges:
07 March, 1929·JUDGMENT Dalal, J. 1. This application is dismissed. As regards the third ground of appeal, I state most emphatically that it is wrong. It is alleged that under Order 21, Rule 66, it is incumbent on the decree-holder and the Court to see that the proclamation is correct and the sale following an inc...
High Court Of Judicature at Allahabad
Baldeo Prasad Shukul vs Sukhdeo Prasad Shukul
Judges:
07 March, 1929·13. On 29th January 1927, the Court heard the application for restoration and restored the application of the decree-holder of 16th September 1925, asking for the sale to be set aside. For some reason not before us it did not forthwith hear and decide this application of 16th September 1925. There w...
High Court Of Judicature at Allahabad
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