Allahabad Court March 1921 Judgments
Ghulam Abbas Khan and anr. Vs. Amat-ul-fatima and ors.
Court: Allahabad
Decided on: Mar-01-1921
Reported in: (1921)ILR43All297
Buckmaster, J.1. These are two consolidated appeals (Nos. 200 and 201 of 1919), arising out of two suits, brought by different plaintiffs for the purpose of determining the rights of succession to a property known as the Maniapur Taluqa.2. Several subordinate questions arise upon these appeals, but they are dependent upon the success of the appellants in their contention that, according to the true construction of a sanad granted in 1961 to a lady called Sughra Bibi, the rules relating to primogeniture which that sanad established apply to all persons who come into possession of the estate, whether by gift, devise, purchase or descent.33. The facts which give rise to this dispute can be shortly stated. Sughra Bibi died on the 11th of November, 1865, having by will given the whole taluqdari estate to one Akbar Ali Khan, who was the youngest of her four half-brothers. Akbar Ali Khan had no male issue, and partly by a deed of gift and partly by bequest he disposed of the whole of the prop...
Tag this Judgment!Bhudeo Vs. Musammat Baikunthi
Court: Allahabad
Decided on: Mar-01-1921
Reported in: 63Ind.Cas.239
Stuart, J.1. The point raised is whether the two remedies allowed to a plaintiff whose suit has bean dismissed under Order IX, Rule 2 or 3, namely, the remedy of bringing a fresh suit or applying to have the dismissal set aside, are mutually exclusive. The words of Order IX, Rule 4, are materially the same as the words of Section 99, Act XIV of 1882, upon this point. The wording is not very happy. The use of the word 'or' presents many difficulties. In spite of the fast that the word 'or' is used and in spite of the fast that the remedy of bringing a fresh suit is placed first and the remedy of having the order set aside is plated second, I am of opinion that the lower Appellate Court is right. I cannot read into the words of the section the meaning that when a person, in good faith believing his suit to have been wrongfully dismissed, comes into Court to have that order set aside and fails to succeed, that person insure the penalty of not being permitted to bring another suit upon the...
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