Court : Rajasthan
Decided on : Dec-04-1956
Reported in : AIR1957Raj302
..... made by all the legal representatives of abdul karim and that the application dated the 30th july 1951, was made after the time prescribed under article 176 of the limitation act, as such the suit abated as a whole. the appellants went in appeal to the court of the civil judge, bundi making abdul rehman as one of the respondents along ..... objection was taken by the respondent in that case that the widow of the deceased appellant was also one of the heirs under the hindu women's rights to property act and that as she was not brought on record, the appeal had abated. it was held that the appeal did not abate. this is one aspect ot the controversy. it .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-07-1956
Reported in : AIR1957Raj298
..... 815 (h). as observed in that case'the provisions of section 22 of the limitation act seem to have been passed with the avowed object of preventing such amendments being made in such a way as to relieve the ..... owing to the law of limitation, and the other partner hazarilal could not enforce his claim because of section 45 of the contract act. a case very near to the facts of the present ease is to be found in ramsebuk v. ramlall koondoo 1lr 6 cal ..... is only of misdescription, then the correction of the names of parties would not entail the application of section 22 of the limitation act; but if it was a case of bringing on record a new party, then section 22 comes into play, and the limitation ..... description, which could be corrected at any time alter the institution of tne suit, and the provisions of section 22 of the limitation act had no application in that case, learned counsel relied on moti lal jasraj v. chandmal hindumal air 1924 bom 155(a), rampra-sad .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-07-1956
Reported in : AIR1957Raj267
..... contribution. the word 'reimbursement' used in section 69 has to be contrasted with words 'contribute' or 'contribution' used in sections 43 and 44 of the contract act. properly speaking, there cannot be any claim for reimbursement among joint promisors, and there would be contribution between them as persons who are equally bound to perform the ..... contract between the judgment-debtors themselves and although it is subject to contract to the contrary between the copromi-sors themselves, the promisee cannot by his unilateral act do anything to destroy it.18. let us examine the position in the light of a few decided cases. the first case to which reference may ..... unenforceable cannot have the effect of affecting their liability between themselves on the principle of contribution which is recognised in sections 42 to 44 of the contract act. this liability to contribute equally on the part of the co-promisors towards the performance of a joint and several promise appears to be primarily based .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-11-1956
Reported in : AIR1957Raj264
..... signatures were affixed, and, therefore, the document cannot be said to have been properly executed. learned counsel relied on the definition of 'sign' appearing in the general clauses act, which is as follows:--' 'sign', with its grammatical variations and cognate expressions, shall with reference to a person who is unable to write his name, include 'mark' ..... executant was literate, any mark, including the one in dispute, viz., 'sahi' should not be taken to amount to signatures.9. the definition in the general clauses act 1st neither exhaustive nor complete. the meaning of the word 'signature' in the shorter oxford english dictionary is'the name (of special mark) of a person written with ..... 223.'a math, like an idol, is in hindu law a judicial person capable of acquiring, holding and vindicating legal rights, though of necessity it can only act in relation to these rights through the medium of some human agency. when the property is vested in the math, then litigation in respect of it has .....
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