Court : Kolkata
Decided on : Apr-13-1878
Reported in : (1878)ILR3Cal806
J.W. Colvile, J.1. This is an appeal against a decree of the High Court of Calcutta, sitting as a Court of Appeal, which, on the 23rd August 1875, affirmed the judgment of Mr. Justice Phear, who, in the exercise of the original civil jurisdiction of the same Court, had, on the 22nd April 1875, dismissed the appellant's suit with costs.2. The suit was instituted in December 1872 by the appellant, suing as executor of one Dianut-ut-Dowlah, against Khajah Moheeooddeen, who died after leave to appeal had been given in India, and is represented by the present respondents. The case was tried in India upon only the first and preliminary issue, viz., whether or not a good cause of action was disclosed in the plaint. It is, however, conceded that the statements in the plaint may be taken to be supplemented by, and to include, any fact stated, or to be inferred by necessary implication from the written statement of the plaintiff, or the documents annexed to and filed with either that or the plai...
Tag this Judgment!Court : Mumbai
Decided on : May-01-1878
Reported in : (1878)ILR2Bom573
Michael Westropp, C.J.,1. Ganoba Ananta, the husband of the first defendant Luximibai, died, leaving, by her, two sons, Sadasiv (the second defendant) and Balcrustna, and one daughter Anantibai. Balcrustna was transported to the Straits Settlements, whence he returned in 1850 or 1851, and died in 1867 or 1868, leaving one son Dhakji, of whom counsel stated on the argument of this appeal that he (Dhakji) was born in 1839, before the partition which we shall presently mention, but of this there is no proof. It was not asserted that he was married until after the partition. He has died, leaving, surviving him, his widow, the plaintiff Savitribai, and an infant daughter who died during the pendency of this suit and before the present appeal. In 1852 Sadasiv Ganoba instituted a suit against his cousins, the sons of Shivshanker, brother of Ganoba Ananta, and his (Sadasiv's) brother, Balcrustna, and a Parsi mortgagee, at the Equity Side of the late Supreme Court, in which suit a decree for sa...
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