Nathu Ram vs Salim Abdul Karim
Judges:
15 December, 1932·1. This application in revision is directed against an order of the Small Cause Court Judge of Aligarh rejecting an application for the restoration of a suit filed by the defendant-applicant under Order 9, Rule 13, Civil P.C. It cannot be disputed that the provisions of Order 9, Rule 13, Civil P.C.,...
High Court Of Judicature at Allahabad
Ram Tawakal Tewari vs Mt. Dulari And Ors.
Judges:
14 December, 1932·2. The plaintiffs, on the finding recorded by the lower appellate Court, are reversioners to the estate of Ram Niwas and Ram Sunder. They impugn the validity of the deed of gift inter alia on the ground that Mt. Sartaji and Mt. Abhiraji, having only a life interest in the properties covered by the d...
High Court Of Judicature at Allahabad
B. Hargobind Das vs Moti Chand And Anr.
Judges:
09 December, 1932·1. These two applications in revision have arisen out of the same execution proceedings but the orders were passed at two different stages. The facts appear to be these. The predecessor-in-title of the applicant before us Hargobind Das held a simple money decree against one Ram Nath Singh. In execut...
High Court Of Judicature at Allahabad
Pt. Madho Prasad Vyas vs B. Madho Prasad
Judges:
09 December, 1932·JUDGMENT Mukerji, Ag. C.J. 1. This is an application which purports to have been made under Section 115, Civil P.C. it arises out of insolvency proceedings and therefore we think that the proper section under which to entertain this petition is Section 75, Insolvency Act, and we accordingly do so. I...
High Court Of Judicature at Allahabad
Navin Chandra vs Ram Devi And Ors.
Judges:
09 December, 1932·1. This is an appeal against an order of the learned Subordinate Judge refusing to set aside a sale and arises under the following circumstances: The decree-holder Navin Chandra held a very large simple money-decree against Ram Devi and several other judgment-debtors. The property of the judgment-de...
High Court Of Judicature at Allahabad
Pt. Ram Charan vs Parmeshwar Din
Judges:
08 December, 1932·1. This is a decree-holder's appeal and arises in the following circumstances: The appellant was a mortgagee under a deed, executed by one Noorul Hasan and instituted suit-No. 57 of 1923 for the enforcement of his mortgage by foreclosure, and obtained a preliminary decree ex parte. Subsequently the ...
High Court Of Judicature at Allahabad
Nand Ram vs (Seth) Purshotam Das And Ors.
Judges:
07 December, 1932·1. This is a plaintiff's appeal and arises out of a suit for recovery of Rs. 1,848-4-0. The defendants sold certain immovable property to the plaintiff-appellant for a sum of Rs. 1,000. The property sold originally belonged to a man named Bishan Dat and, on his death, his widow and his daughter sold...
High Court Of Judicature at Allahabad
Rai Sahib Pandit Sheo Kumar vs Rai Bahadur Balbhaddar Prasad ...
Judges: Niamatullah, Bennet
07 December, 1932·JUDGMENT 1. This is a first appeal from an order in execution brought by the judgment-debtor. The point in appeal is an allegation that the property which the decree holder desires to sell is ancestral property and therefore the sale should be by the collector. In General Rules (Civil) Chapter IV, R...
High Court Of Judicature at Allahabad
Sheo Kumar vs Bal Bhaddar Prasad
Judges:
07 December, 1932·JUDGMENT Niamatullah, J. 1. This is a first appeal from an order in execution brought by the judgment-debtor. The point in appeal is an allegation that the property which the decree-holder desires to sell is ancestral property and therefore the sale should be by the Collector. In General Rules (Civi...
High Court Of Judicature at Allahabad
(Dubey) Amba Lal vs Firm Ram Gopal-Madho Prasad
Judges:
05 December, 1932·4. It would appear from the facts stated above that the sale of 3/7th share in the properties that were allotted by the partition decree to the plaintiffs of that suit and to Mt. Mani Kunwar fell through, not in consequence of the reversal or variation in any respect of the simple money decree held ...
High Court Of Judicature at Allahabad
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