Shib Singh vs Jograj Singh
Judges:
23 October, 1929·2. Order 2, Rule 2(3) enacts that: a person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. 3. It h...
High Court Of Judicature at Allahabad
Muhammad Abdul Rahim Khan vs Musammat Izzat-Un-Nissa Bai
Judges: M Sulaiman, Sen
23 October, 1929·1. This is an appeal by the defendant in a suit for account. The suit was resisted upon every ground which was possible to human ingenuity. The Court of first instance overruled the plea of limitation raised by the defendant and came to the conclusion that the defendant in his capacity as manager of...
High Court Of Judicature at Allahabad
Jang Bahadur vs Bhagat Ram-Sheo Prasad
Judges:
23 October, 1929·1. This a judgment-debtor's appeal arising under the following circumstances: The appellant, Jang Bahadur, held an usufructuary mortgage over a considerable property, the amount of the mortgage being over Rs. 35,000. The respondents, holding a simple money decree against the appellant, got the inter...
High Court Of Judicature at Allahabad
Abbas Ali vs Gulab Rai
Judges:
23 October, 1929·1. This is a judgment-debtor's appeal and arises out of an application for execution which was made in the year 1928. 2. A compromise decree was obtained by the plaintiff-respondent in a suit for sale on a mortgage on 29th June 1923. The decree was passed in plaintiff's favour for Rs. 5,000 and the ...
High Court Of Judicature at Allahabad
Riazuddin vs Mt. Phula Devi And Anr.
Judges:
22 October, 1929·4. There can be no doubt that the words mahals or villages in Sub-clause 1 refer to the existing mahals or villages in which the right of pre-emption is to be presumed. Had the expression been mahals or villages of which any prior wajibularz had been prepared, I would have been constrained to hold t...
High Court Of Judicature at Allahabad
Man Singh And Ors. vs Ram Lal Alias Bhuria And Ors.
Judges: S M Sulaiman, Kendall
18 October, 1929·JUDGMENT 1. Admittedly a mortgage-decree was obtained by some of the plaintiffs on the allegation that they were members of a joint Hindu family, and the other members were impleaded as pro forma defendants. In execution of that mortgage-decree the mortgaged property was purchased by the plaintiffs ...
High Court Of Judicature at Allahabad
Gokul Prasad vs Sheikh Muzaffar Mian
Judges: Mukerji, Boys
18 October, 1929·1. This is a decree-holder's appeal and arises under the following circumstances. The decree-holder, one Gokul Prasad, got certain properties of the judgment-debtor attached in execution of his decree. The judgment-debtor objected to the attachment on certain grounds. 31st of March, 1923, Saturday W...
High Court Of Judicature at Allahabad
Dharamdeo Rai vs Jwala Prasad And Anr.
Judges:
18 October, 1929·without showing that Chhatarsal Rai (the co-decree-holder), had died and without impleading his legal representative. 4. This was supplemented by another observation made later in his judgment that the decree-holder had omitted to state in the application that the execution was sought for the benefi...
High Court Of Judicature at Allahabad
Moti Lal And Ors. vs Nandan And Anr.
Judges:
18 October, 1929·2. The learned Munsif who heard the case accepted the plea of the defendants and ordered the plaint to be returned to the plaintiff's pleader for presentation to the proper Court. The plaintiff thereupon filed an appeal before the learned Subordinate Judge of Muttra. That learned Judge held that the...
High Court Of Judicature at Allahabad
Mohammad Qamar Shah Khan vs Mohammad Salamat Ali Khan
Judges:
18 October, 1929·3. The case came on for hearing before Mr. Johnstone the learned District Judge of Pilibhit, on 2nd March 1926. He dismissed the appeal on the ground that it was time barred. It appears to us that the order, in question, was not technically correct because the appeal could not be time barred, if the...
High Court Of Judicature at Allahabad
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