Himachal Pradesh Court July 1963 Judgments
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Lachhmi Ram Vs. Smt. Prabhoo
Court: Himachal Pradesh
Decided on: Jul-27-1963
Reported in: AIR1964HP1
C.B. Capoor, J.C.1. This appeal is directed against an order of the learned Senior Sub-Judge Mahasu, whereby a petition filed under Section 25 of the Guardians and Wards Act, was dismissed on the ground that it was not maintainable.2. The petitioner was married to the respondent. About 13 months prior to the filing of the petition the respondent left the house of the petitioner and subsequently a male child, for securing whose custody, the present petition has been filed, was born at the house of the respondent's parents. The marriage between the parties has been declared to be null and void) as a result of a petition filed by the respondent. The learned Senior Sub Judge, was of the opinion that as the child for securing whose custody the petition under consideration was filed was not removed from the custody of the petitioner, it was not maintainable.3. The only question that arises for decision is as to whether the petition was maintainable. Sub-section (1) of Section 25 of the Guard...
Jagan Nath Vs. Mehar Singh
Court: Himachal Pradesh
Decided on: Jul-03-1963
Reported in: AIR1963HP53
Capoor, J.C.1. This application in revision is directed against the appellate judgment and decree of the learned District Judge Mahasu, Sirmur, Bilaspur and Kinnaur Districts whereby an appeal preferred by the petitioner against an order of the learned Senior Sub-Judge Sirmur dismissing the suit filed by him was rejected.2. The preliminary question that arises for consideration is as to whether the application in revision is competent.3. The contention advanced on behalf of the petitioner is that the second proviso to para 35 (1) (b) of Himachal Pradesh (Courts) Order 1948, hereinafter to be referred as the Courts Order is in conflict with Section 15 (2) of the Provincial Small Cause Courts Act No. IX of 1887. The relevant portions of those provisions read as below :'Para 35 (1) of the Courts Order- (1) The Court of Judicial Commissioner may call for the record of any case which has been decided by a Civil Court subordinate to it and in which no appeal lies to it, and ________________...
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