Allahabad Court January 1933 Judgments
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B. Ram Dhani Singh Vs. Sunder Singh and ors.
Court: Allahabad
Decided on: Jan-11-1933
Reported in: AIR1933All907
ORDER1. This is an application for the revision of an order of the Additional Subordinate Judge of Gorakhpur, upholding the order of the Additional Munsif of Deoria dismissing the applicants' application for setting aside an ex parte decree. The circumstances were that in a suit against several defendants the present applicant, who is one of those defendants, filed a written statement and applied to the Court for an inspection of the spot. An inspection was made and also an inspection note. But on 2nd June 1931, the date fixed for final disposal, the applicant did not appear in Court and the Court gave an ex parte decree against him. An application was made for the setting aside of that ex parte decree, and as we have remarked above, it was dismissed by the original Court and by the lower appellate Court.2. This application is now made on the ground that the Court had no jurisdiction to deal with the application under Order 9 because the proceedings were not actually ex parte proceedin...
Har Prasad Agarwala Vs. Shankar Lal and ors.
Court: Allahabad
Decided on: Jan-11-1933
Reported in: AIR1933All957; 147Ind.Cas.279
Kendall, J.1. This is an application for the revision of an order of the Munsif of Mirzapur rejecting the plaintiff's application for amendment of the plaint. The circumstances are as follows : The suit was brought by a firm named Sheo Prasad and Co., but the plaint was signed by one partner, Har Prasad, and he sued the contesting defendant Shankar Lal, for settlement of accounts as his agent. The defence was among other things that the account had already been settled with the three brothers of Har Prasad who were said to be partners in the firm, and that nothing was due to the plaintiff. The alleged cause of action arose on 26th January 1925 when Shanker Lal resigned his position as agent of the firm. After the filing of the written statement the plaintiff applied to implead the three brothers in order that he might in the alternative obtain a decree against them for any amount that might wrongfully have been obtained by them from the agent Shanker Lal. This application has been refu...
Sital DIn and ors. Vs. Annant Ram
Court: Allahabad
Decided on: Jan-10-1933
Reported in: AIR1933All262
1. This is a Letters Patent appeal against the judgment of a learned Single Judge of this Court. A preliminary point is taken that no appeal lay. The ground urged is that the order passed by the learned Single Judge did not amount to a decree, inasmuch as he sent back the case to the lower appellate Court under Order 41, Rule 23, Civil P.C. It is pointed out that the order passed was an order of remand, and under the Civil Procedure Code it did not amount to a 'decree.'2. In support of this argument reliance is placed on the case of Sevak Jeranchod Bhogilal v. Dakore Temple Committee , decided by their Lordships of the Privy Council. That case arose in the following circumstances: There was a temple of a public character, and a suit under Section 92, Civil P.C, was filed in respect of the management of the temple. The case went up before their Lordships of the Privy Council, and their Lordships confirmed the scheme settled in India after some alterations. One of the provisions in the s...
MohiuddIn Vs. Mt. Kashmiro Bibi
Court: Allahabad
Decided on: Jan-10-1933
Reported in: AIR1933All252
Mukerji, Ag. C.J.1. Two questions have been referred to the Full Bench and they have been formulated as follows: (1) Does Section 74, Contract Act, apply to a compromise decree and whether it is open to a Court executing such decree to go behind it so as to interfere, with a stipulation by way of penalty contained in the compromise? (2) If Section 74, Contract Act, does not apply, can the principle underlying that section be extended to a decree passed on a compromise containing a stipulation by way of penalty?2. The facts of the case as stated in the order of reference are as follows. There was a suit on a mortgage bond for Rs. 7,000, carrying interest at 1 percent per mensem compoundable every six months. In a suit being instituted on the bond, a sum of Rs. 22,170-9-6 was claimed. The defendant contested the suit but ultimately the parties entered into a compromise by which a decree was made for Rupees 11,500, payable by yearly instalments of Rs. 1,100. These instalments were :to be ...
Loknath Tewari Vs. Jadunandan Tewari and ors.
Court: Allahabad
Decided on: Jan-09-1933
Reported in: AIR1933All919
Bajpai, J.1. This is a defendant's appeal (sic) out of a suit brought by four plaintiffs for a declaration that the plaintiffs have a right of easement for using the lane indicated by letters Q. A. B. C. D., in the plaint map and that certain constructions made by the defendant indicated by the letters A., B., C. and D., may be demolished. The Courts below have decreed the plaintiff's claim by ordering demolition of certain constructions north of it in the Commissioner's map. Out of respect for the very able arguments which have been advanced before me by Mr. Pandey and Mr. Pathak on behalf of their respective clients, I propose to notice specifically almost all the points raised by them and to deliver a fairly detailed judgment.2. The case as set forward in the plaint was that the plaintiffs and their ancestors had been going from their houses to the southern and western portions of their village as well as to their fields and groves by passing through the lane indicated in the sketch...
Ram Prasad Ram Kumar Vs. Parshottam Halwai
Court: Allahabad
Decided on: Jan-06-1933
Reported in: AIR1933All256; 147Ind.Cas.212
Mukerji, Ag. C.J.1. This is a reference to the High Court by the Chief Inspector of Stamps who holds the posision of a Collector under a Government Notification quoted in the reference. Two documents were tendered in evidence before a Judge, Small Cause Court, in a suit for money. They were in the shape of the plaintiff's account books which bore the signature of defendant 1. One of the documents which is described as p. 9c of the record was an extract from the cash book of the plaintiff and in it (the transliteration before us is incorrect.) Parshottam Halwai, defendant 1, wrote and signed with his own hand a statement that he had received the sum of Rupees 225-10-0. Above this signed statement there was an entry in the book to the effect that the money was to carry interest at Re. 1-8-0 per mensem.2. The other document, the transliteration of which has been marked at 'he being the page of the original record is similar. Parshotam Halwai wrote and signed with his own hand a statement ...
Mool Chand Moti Lal Vs. Ram Kishan and ors.
Court: Allahabad
Decided on: Jan-05-1933
Reported in: AIR1933All249
Mukerji, Ag. C.J.1. This appeal has been referred to a Full Bench because it raises several difficult points of law. The facts of the case briefly are these: The appellants before us obtained a simple money decree against one Lalman. In execution of the decree the appellants caused the attachment of certain immovable properties. Respondents 1 and 2 preferred an objection to the attachment on the ground that one-half of one of the properties and a whole shop belonged to themselves and not being the property of the judgment-debtor, had been improperly attached. Their objection failed in the execution department and thereupon they instituted the suit out of which this appeal has arisen, to obtain a declaration that the property the attachment of which had been objected to was their own property and could not be attached and sold in execution of the decree obtained against Lalman. To this suit, not only were the decree-holders made party but also Lalman was impleadcd. Lalman did not enter ...
Abudar Beg Vs. Nathumal and anr.
Court: Allahabad
Decided on: Jan-04-1933
Reported in: AIR1933All739; 147Ind.Cas.869
Niamatullah, J.1. This is an application in revision directed against a decree passed by the Judge of Small Cause Court at Muzaffarnagar dismissing the plaintiff-applicant's suit for recovery of a sum of Rs. 210 on foot of a promissory note alleged to have been executed by defendant 1 in favour of defendant 2, from whom the plaintiff took an assignment of his rights under the promissory note. The suit has been dismissed by the lower Court in terms of an award made by a certain arbitrator appointed by the plaintiff and defendant 1. Defendant 2 was no party to the agreement to refer. The only ground on which the decree of the lower Court is assailed is that, as defendant 2 did not join in the agreement to refer, the reference and the award made in pursuance thereof are illegal and void. Para. 2, Schedule 2, Civil P.C., provides that 'where in any suit all the parties interested agree that any matter in difference between them' be referred to arbitration, they may apply to the Court for a...
Kapoor Chand and anr. Vs. Suraj Prasad
Court: Allahabad
Decided on: Jan-04-1933
Reported in: AIR1933All264
Mukerji, Ag. C.J.1. The matter before us arose out of a petition for revision presented by two persons, Kapur Chand and Harish Chandra, who were dissatisfied with an order of a Magistrate passed on 2nd June 1931. The matter came up before one of us and having regard to the conflict of decisions he referred it to a larger Bench and accordingly, this Bench was constituted. The facts briefly are these: One Sarju Prasad, as the servant of one Chunni Lal Garg, filed a petition under Section 145, Criminal P.C., on 21st July 1930 before the City Magistrate of Cawnpore, Mr. Barron. The petitioner said that his master, Chunni Lal was in possession of a house in the city and the opposite parties (namely, the applicants before us and one Gulab Chand) were trying to interfere with the possession of his master and that there was a likelihood of a breach of the peace. The Magistrate took down the statement of Sarju Prasad on oath and directed a police inquiry into the matter. On receipt of the polic...
B. Siya Ram Dass Vs. Jagannath and ors.
Court: Allahabad
Decided on: Jan-03-1933
Reported in: AIR1933All463
ORDERNiamatullah, J.1. This is an application in. revision directed against the decree passed by the Judge, Small Cause Court, Caunpore, dismissing the plaintiff-applicant's suit for recovery of Rs. 153 against the three defendants. The case was fixed for the 31st March 1932. It was stated on behalf of the plaintiff by his Vakil that if the defendant Sheo Charan stated on oath with 'ganga jali' in his hand, the suit might be disposed of in accordance with his 'evidence. The defendants' Vakil accepted the offer stating that the defendants (including Sheo Charan) agreed to abide by the evidence of Sheo Charan. The defendants' Vakil prayed for one day's adjournment to enable him to produce Sheo Charan. Accordingly the case was adjourned to 1st April 1932, when the plaintiff made an application attempting to resile from the offer to abide by the oath of Sheo Charan. The lower Court however administered the particular kind of oath which the plaintiff had proposed on the previous day, and Sh...
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