High CourtsDivision Bench(1916) 03 MAD CK 0012

Rahima Bibi vs Hamida Bibi and Others

Madras High Court · Decided on 9 March 1916 · Citation: 33 Ind. Cas. 857 : (1916) 3 LW 403

HON’BLE JUDGES
Sadasiva Aiyar, J · Moore, J

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Judgment

6 paragraphs · 114 words
1.

Following Lachminia Kuar v. Ruder Deo Naram Singh 9 Ind Cas. 207 we hold that the Court has got a discretion to stop the proceedings in the

inquisition for proper grounds, there being no provision in the Act which entitles the petitioner to have the inquiry conducted so long as he is able to

tender witnesses for examination.

2.

We think that in this case (to use the language of the judgment in the above quoted Allahabad case) ""the medical evidence militates against the

idea of any further inquiry being necessary"" and ""the Court exercised a wise discretion in refusing to proceed further into the case.

3.

The appeal is dismissed with costs.