High CourtsSingle Bench(1911) 11 MAD CK 0065

Tadikonda Venkayya and Others vs Kodali Venkatasubbamma

Madras High Court · Decided on 30 November 1911 · Citation: 13 Ind. Cas. 486

HON’BLE JUDGES
Ralph Benson, J

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Judgment

2 paragraphs · 96 words

Ralph Benson, J.—The Subordinate Judge was in error in refusing to admit evidence and to consider whether the debt was incurred by the widow as representing her late husband''s estate and was, therefore, binding on the estate in her hands. Regulla Jogayya v. N. Vencatarathnamma 33 M.P 492 : 5 Ind. Cas. 271 : 7 M.L.T. 112 : 20 M.L.J. 412.

2.

I must set aside the decree of the Subordinate Judge and direct him to restore the suit to his file and dispose of it afresh in accordance with law. Costs will abide the result.