Allahabad Court May 1957 Judgments
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Kalka Singh and anr. Vs. Indradeo Singh and ors.
Court: Allahabad
Decided on: May-03-1957
Reported in: AIR1957All781
ORDER1. This is an application, in revision by the plaintiff against the appellate order of the learned Civil Judge of Azamgarh, setting aside an award.2. The facts giving rise to this revision briefly stated were these. The suit had been filed by Kalka Singh and his son Jhuri Singh against Ram Charit-tar Singh and his three sons, Inderdeo Singh, Raj-deo Singh and Shama Singh. During the pendency of the suit reference was made to arbitration and in that arbitration reference Kalka Singh signed for himself and his son Jhuri Singh while defendants 1, 8 and 4 signed in their capacity as defendants. Defendant No. 2, Inderdeo Singh, Was no party to this reference.In this reference a note was made to the effect that Inderdeo Singh be exempted from the reference. The trial Court, before whom the application was made, sent the case to the arbitration of the person named in the reference. No order of any kind was passed by the Court below in regard to the request to exempt Inderdeo Singh from t...
Ram Sewak and anr. Vs. Smt. Peare and anr.
Court: Allahabad
Decided on: May-03-1957
Reported in: AIR1957All772
ORDERRandhir Singh, J.1. This is an application under Section 5 of the Indian Limitation Act for condoning delay in the institution of this second appeal. It is conceded that the period of 90 days would have normally expired on 6-2-1957. The appellant had, however, applied for a copy of the judgment of the lower appellate Court on 22-11-1956 and the copy was ready for delivery on 12-12-1956. This period had to be excluded in the computation of the period of limitation and the last date on which the appeal could have been filed was 28-2-1957.The appeal was, however, filed on 9-3-1957 and the ground given for not filing the appeal earlier was that the appellant was under the mistaken belief that as the civil Courts of Unnao had been closed upto the 10th of March, 1957 in connection with the general elections the High Court must also be closed on those days. The appellant admittedly did not inquire about the holidays in the High Court from anybody and he has in his affidavit mentioned tha...
Akbar Ali Khan and ors. Vs. Dr. Ishwar Saran
Court: Allahabad
Decided on: May-01-1957
Reported in: AIR1957All622
Beg, J. 1. This is a judgment-debtors' appeal arising out of execution proceedings.2. The facts of the case are given in the judgment of my learned brother. It is, therefore, not necessary for me to repeat them.3. The sole question that arises in this appeal is whether the application of the judgment-debtors dated the 22nd September, 1953, can be treated to be an application under Order 21 Rule 2 of the Code of Civil Procedure. I agree with my brother that the reply to this question will turn on the contents of the application itself rather than on any extraneous considerations. It is, therefore, necessary for this purpose to scrutinise the contents of the application itself, and to see whether it fulfils the requirements of Order 21, Rule 2. C. P. C. Order 21, Rule 2, C. P. C. deals with the payment of money out of court to the decree-holder by the judgment-debtor. Order 21, Rule 2(1) deals with a case where such payment is to be certified by the decree-holder.According to it, where a...
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