Allahabad Court February 1928 Judgments

Abid HusaIn Vs. Ganga Sahai and anr.

Court: Allahabad

Reported in: AIR1928All353; 113Ind.Cas.441

Dalal, J.1. Both these applications for revision arise from the same decision of the Court of Small Causes. The plaintiff Ganga Sahai sued Rabi Dat, his son-in-law Raj Kumar, and Abid Husain for the recovery of a sum of Rs. 230-1-0 Relief was claimed against Rabi Dat alone and in the alternative against Abid Husain, if any collusion should be proved between Rabi Dat and Abid Husain. The learned Judge dismissed the suit as against Rabi Dat and decreed it against Abid Husain on the very strange ground that Abid Husain had put forward no defence. The Court forgot the elementary principle of law that a plaintiff must prove his claim against a particular defendant before a decree can be passed against that defendant. The absence of a defendant is not tantamount to his admission of a claim. For reasons which will appear later Abid Husain was examined as a witness for the plaintiff, but in his statement he does not admit any liability to the plaintiffs' claim.2. The facts were these: Ganga Sa...