Ramaswami Nayadu Vs K.N.S. Subbaraya Thevar and Others
.... mpromise to be embodied in the decree. In" dealing with that argument, the learned Judges say with reference to Section 375 of the old C.P.C. corresponding to Order XXIII, Rule 3: "We see nothing in this language to preclude the Court from embodying in the decree the charge which the parties agreed ...
Madras High Court
Nathu and Another Vs Lala Ram Sarup and Others
.... rule of law laid down in the Full Bench case of Hori Lal v. Nimman Kunwar 50 Ind. Cas. 126 : 33 A. 349 : 9 A.L.J. 819. In that case the mortgagees were not suing the mortgagor, namely, the executant himself, but were trying to follow mortgaged property in the hands of the heirs of the transferee fro ...
Allahabad High Court
Brij Raj and Others Vs Ram Sarup and Others
.... course, to decide upon the allegations in the plaint that the negligence which was assigned could not constitute a cause of action for the suit, but that is not the course which has been followed. We find it necessary therefore to remit issues which will be decided after giving both aides opportunit ...
Allahabad High Court
Kunwar Nihal Singh Vs Chanda Kunwar and Another
.... Singh is that by reason of the deed of gift, he became a co-sharer in the mahal and that the plaintiffs consequently were not entitled to a preferential right. To that the reply of the plaintiffs is that that gift was really a sale, though clothed in the form of a gift. That defence having failed, t ...
Allahabad High Court
Muzaffar Husain and Another Vs Muhammad Yaqub
.... d tried to arbitrate in the matter which arbitration subsequently fell through. On this point the learned Magistrate says, in the statement supplied to the learned Government Advocate- In order to make the parties compromise the case I had no doubt made an attempt in that way etc. etc. 2. Reli ...
Allahabad High Court
Nathu and Another Vs Ram Sarup and Others
.... ule of law laid down in the Pull Bench case of Hori Lal v. Munman Kunwar (1912) 34 All. 549. In that case the mortgagees were not suing the mortgagor, namely the executant himself, but were trying to follow the mortgaged property in the hands of the heirs of the transferee from the mortgagor. Some m ...
Allahabad High Court
Shankar Sahi and Others Vs Baichu Ram and Others
.... was that the father was under no obligation whatever to raise any money at all. There is no evidence that it was required for any protection of his estate. It was a voluntary act of acquisition, which might or might not have been a good bargain had he had the ready money to acquire the property, but ...
Allahabad High Court
Gajadhar Singh Vs Hari Singh and Others
.... Judge seems to have been of opinion that inasmuch as it was open to the present plaintiff to bring a suit for redemption on payment of the mortgage money, but he has chosen merely to ask for a declaration, he has omitted to claim a consequential relief which he was entitled to claim and his suit fo ...
Allahabad High Court
Abdul Karim Vs Ram Kishore and Others
.... e decree was obtained "was tainted with immorality, or was otherwise such a debt as it could not be the pious duty of the sons to satisfy. It is quite true that the authority of this decision was understood for a time to have been unsettled by a pronouncement incidentally made by their Lordships of ...
Allahabad High Court
Samir Khan and Others Vs Basi Ram and Others
.... Small Causes. The head-note shows that their Lordships laid down that no second appeal lay u/s 586 of the Civil P.C., where the original suit was of the nature cognizable in a Court of Small Causes. 5. The question whether a suit is cognizable by a Court of Small Causes or not must depend on the ...
Allahabad High Court
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