Allahabad Court February 1923 Judgments
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Har NaraIn Prasad Vs. Emperor
Court: Allahabad
Decided on: Feb-02-1923
Reported in: 71Ind.Cas.704
Lindsay, J.1. This is an application for revision on behalf of one Har Narain Prasad who has been convicted on charges under sections 417 and 420. This application was admitted by a learned Judge of this Court who allowed the applicant out on bail to the satisfaction of the District Magistrate of Allahabad. It appears that at the time this order was made the applicant was said to be in the Allahabad District Jail.2. It now appears that, having been released on bail, he has disappeared and is not to be found. This being so, I refuse to proceed with this application. A person who applies to this Court and is allowed out on bail and afterwards breaks his bail is not entitled to be heard. I, therefore, dismiss the application....
Bindeshri Prasad Tewari Vs. Badal Singh and ors.
Court: Allahabad
Decided on: Feb-02-1923
Reported in: 74Ind.Cas.873
1. The main question for decision in this appeal is whether an auction-purchaser under a decree which has been, after confirmation of the sale, set aside as the result of a separate suit) can recover his purchase-money from the decree-holder. If the answer is in the affirmative, as we think it must be, there is a subsidiary, question as to whether his remedy is by application under Section 47 or 144 of the Civil Procedure Code or by a separate suit.2. The appellant Bindeshari Prasad is the auction-purchaser. The decree under which the sale was held was a decree for sale on the basis of a mortgage executed in favour of the respondents by one Debi Saran Dhar. Debi Saran Dhar formed a joint family with his minor grandson Ram Bujharat. The respondents brought a suit for sale on the basis of their mortgage in the year 1917 impleading Debi Saian Dhar and Ram Bujharat. In this suit they obtained a preliminary decree for sale on 1st June 1917. The decree was made final on 22nd January 1918. Th...
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