Narain Das And Anr. vs Kashi Prasad
Judges:
31 October, 1934·1. This is an application in Civil Revision against an order of a Small Cause Court returning a plaint to the plaintiff for presentation to the proper Court. The lower Court held that the plaint should be heard on the regular side. The plaint set out that the defendant "without right and without con...
High Court Of Judicature at Allahabad
Bharat Lal vs Jiwan Singh
Judges:
31 October, 1934·1. This is an application by the defendant under Section 115, Civil P.C. The facts are that the plaintiff brought a suit upon the basis of a promissory note for the recovery of a sum of Rs. 82-8-0. The suit was filed in the Court of the Small Cause Judge, Benares, on 2nd January 1932. A note was mad...
High Court Of Judicature at Allahabad
Ahmad Ullah Khan And Anr. vs Ahsan Ali Khan
Judges:
31 October, 1934·2. The application was opposed by certain beneficiaries under the deed of trust who denied the pedigree set up by the applicant, denied the fact that the applicant was a trustee, denied that the income had been in any way reduced, denied that the applicant's sons were entitled to any allowances and ...
High Court Of Judicature at Allahabad
Hardeo Ram vs (Firm) Girdhar Lal Kanhayia Lal
Judges:
30 October, 1934·1. This is a civil revision by a defendant against a Small Cause Court decree. The suit was on account books for a debt. The claim was for Rs. 100 principal and Rs. 36 interest up to the date of the suit at 2 per cent, per mensem. The first point taken is that Section 69, Partnership Act, applied to...
High Court Of Judicature at Allahabad
Ganesh Prasad And Anr. vs Ram Karan Shukla
Judges:
30 October, 1934·The decree-holders say that Rs. 1,693-11-6 may be caused to be realized by attachment and sale of the property given in the inventory attached hereto. 2. This was the ordinary application for execution of a simple money decree by attachment and sale of the property under Order 21, Rule 30. No object...
High Court Of Judicature at Allahabad
Habibul Razzaq vs Shiam Bahadur
Judges:
30 October, 1934·JUDGMENT Bennet, J. 1. This is a second appeal by a judgment-debtor who claims exemption of the house in which lie resided from attachment and sale in execution of a simple money decree. The exemption is claimed on the ground that he is an agriculturist under Section 60(1)(c). I understand that an a...
High Court Of Judicature at Allahabad
Mahadeo And Ors. vs Rameshsar Dayal
Judges:
30 October, 1934·1. Plaintiffs' suit for the recovery of a sum of Rs. 200, due on a promissory note executed on 26th April 1929 has been dismissed by the Small Cause Court Judge of Allahabad. The plaintiffs' allegation was that the defendant had executed a promissory note in 'their favour for Rs. 300, that the inter...
High Court Of Judicature at Allahabad
Bhoore Singh And Ors. vs Karan Singh
Judges:
30 October, 1934·1. The plaintiff brought a suit for the recovery of a sum, of money on the basis of a promote, said to have been executed by Bhurey Singh, and Rup Ram. Rup Ram is dead and his two sons, Beni Ram and Charan Singh, were arrayed as defendants legal representatives of Rup Ram, the deceased-executant. Bh...
High Court Of Judicature at Allahabad
Mt. Ram Dei vs Mangan Lal
Judges:
29 October, 1934·unless the decision of the question subsequently sought to be agitated was either expressly given or must be assumed to have been necessarily implied in the previous decision. 3. It is then stated that argument was made that an application for restitution is not a proceeding in execution and the Cou...
High Court Of Judicature at Allahabad
Thakur Prasad vs Kasturi Narain Shukla
Judges:
29 October, 1934·1. This is a first appeal in execution by a decree-holder in the following circumstances: The decree-holder brought a suit, in the Calcutta High Court against the judgment-debtor and obtained a simple money decree and four minor decrees for different sets of costs. The decree-holder took out executi...
High Court Of Judicature at Allahabad
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