Allahabad Court March 1922 Judgments
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Gulab Chand Vs. Kamal Singh and anr.
Court: Allahabad
Decided on: Mar-02-1922
Reported in: AIR1922All260; (1922)ILR44All424
Gokul Prasad, J.1. This was a suit to recover a certain amount on the basis of a hundi executed by defendants Nos. 1 and 2, Debi Singh and Dan Sahai, on the 18th of June, 1914. The defendants pleaded that they executed the hundi but that it was without consideration and was obtained through undue pressure.2. The trial court came to the conclusion that the defendants had failed to prove that the hundi was executed under undue influence or without consideration. It accordingly decreed the suit against defendants Nos. 1 and 2, the executants of the hundi.3. The defendants went up in appeal. They abandoned the plea of undue influence but contended that the consideration alleged by the plaintiff was no consideration in law. The learned Judge gave effect to this contention of the defendants appellants and dismissed the suit.4. The plaintiff comes here in second appeal and challenges the correctness of the finding of the lower appellate court.5. The facts are shortly as follows. On the 5th of...
Sardar Mal, Hardat Rai Vs. Sheo Bakhsh Rai, Sri Narain
Court: Allahabad
Decided on: Mar-02-1922
Reported in: AIR1922All106; (1922)ILR44All432
Piggott and Walsh, JJ.1. We have come to the conclusion that this appeal must be allowed.2. We think the learned Judge has placed too narrow an interpretation upon the words of Clause 3 in the schedule.3. We are of opinion that the provisions 'entering on the reference 'and' having been called upon to act by notice in writing' are alternative in this sense that where no reference is entered upon at all then the time runs from the notice calling upon the arbitrators to act. But, on the other hand, even although the arbitrators may be called upon to act by entering upon the reference, if they enter upon the reference, they have three months from that moment for making their award and for enlarging the time for making the award if the circumstances at the reference satisfy them that they cannot complete the award within three months. To hold otherwise would seem to strike out from Clause 3 the words 'within three months after entering on the reference' in a case where one of the parties h...
Musammat Tirbeni Kunwar and ors. Vs. Mohan Lal and ors.
Court: Allahabad
Decided on: Mar-02-1922
Reported in: AIR1922All366; 66Ind.Cas.558
1. This is an appeal against an order passed by the District Judge of Budaun, allowing an application for review of an appellate judgment in a case heard by him on the 18th of February 1920. The circumstances are somewhat peculiar. The suit was one for declaration and the plaintiff had lost in the Trial Court. On the day on which the appeal was down for hearing the plaintiff was in hospital, and on the day following he was operated upon, so that all his family were naturally in attendance upon him at the hospital. A week later he died, apparently without having left the hospital.2. The applicant for review is the son of the original plaintiff-appellant. He name before the District Judge with a number of certified copies, apparently of public document?, which he said it had been intended to lay before the Appellate Court with a view to their admission in evidence under the provisions of Order XLI, Rule 27 of the Code of Civil Procedure. He ascribed the failure to do this to his father's...
Firm Sardar Mal Hardat Rai Vs. Firm Sheo Baksh Rai-sri Narain
Court: Allahabad
Decided on: Mar-02-1922
Reported in: 66Ind.Cas.907
1. We have some to the conclusion that this appeal must be allowed.2. We think the learned Judge has placed too narrow an interpretation upon the words of Clause (3) in the Schedule.3. We are of opinion that the provisions entering on the reference' and 'having been ailed upon to act by notice in writing' are alternative in this sense, that where no reference is entered upon at all, then the time runs from the notice sailing upon the arbitrators to act. But, on too other hand, even although the arbitrators may be called upon to act by entering upon the reference, if they enter upon the reference, they have three months from that moment for making their award and for enlarging the time for making the award if the circumstances at the reference satisfy them that they cannot complete the award within three months. To hold otherwise would seem to strike cat from Clause 3 the words within three month after entering on the reference' in a case where one of the parties happened to call upon t...
Jiwan Mal and ors. Vs. Jageshar Kasondhan
Court: Allahabad
Decided on: Mar-01-1922
Reported in: AIR1922All113; 66Ind.Cas.655
Ryves, J.1. This application in civil revision raises a somewhat difficult point. The defendant executed a registered bond on the 8th of July 1911 for Rs. 250. It was recited in the bond that on making up accounts this Bum was due to the predecessor-in-title of the plaintiffs by the defendant and that he was unable to pay the money at once, it was agreed between the parties that he would pay it by twelve six monthly instalments. So long as the instalments were paid no interest was chargeable. But it was covenanted that if the instalments were not paid the failure of one instalment would entitle Ram Deo Marwari to recover the whole amount due at once together with interest Rs. 12 per cent. per annum. The suit was filed in the Court of Small Causes on the 26th of May 1921. The bond was a registered one and, therefore, was governed by the rule of six years' limitation. The plaintiff claimed that his cause of action arose on the 7th of May 1917, the day on which the last instalment was due...
Chunni Lal Vs. Gokul
Court: Allahabad
Decided on: Mar-01-1922
Reported in: AIR1922All112; 66Ind.Cas.816
1. This is an application in civil revision. The applicant was plaintiff in the Court below and filed a suit on a money bond for Rs. 157 in the Court of the> Munsif of Fatehabad sitting at Agra, on the 12th of May 1921. At that time the presiding officer, the Munsif, had been invested with Small Cause Court powers only up to Rs, 100. The 1st of June was fixed for the decision of the case. On the 19th of May 1921 the Munsif's powers under the Small Cause Court Act were extended up to Rs. 250. He, therefore, tried the suit as a suit of Small Causes. The defense to the suit was that certain payments had been Trade. The Court accepted the evidence of the defendant and gave the plaintiff a decree for Rs. 78 only. It is urged before me that the Court below had no jurisdiction to try the suit as Small Cause suit, and it seems to me that having regard to Section 32, Clause (2) and Section 33 of the Provincial Small Cause Court Act (Act IX of 1887), the Court had no jurisdiction to try the suit...
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