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Judgment
5 paragraphs · 97 words
1.
The ruling in Radha Charan v. Man Singh ILR 12 All. 392 has never been adopted as the correct view of the law in this Presidency, see
Ramanadan v. Periatambi ILR 6 Mad. 250 or in Calcutta and Bombay, see Wajihan alias Alijan v. Bishwanath Parshad ILR 18 Cal. 462 and
Shankar Bisto Nadgir v. Narsinghrao Ramchandra ILR 11 Bom. 467--and we cannot follow it.
2.
The order of the Subordinate Judge must be set aside and that of District Munsif restored. Appellant is entitled to his costs in this and in the
Lower Appellate Court.