High Courts(1894) 12 MAD CK 0012

Venkatasami Naik, by his guardian Timmaya Naik vs Chinna Narayana Naik

Madras High Court · Decided on 19 December 1894 · Citation: (1895) 5 MLJ 28

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Judgment

7 paragraphs · 122 words
1.

The preliminary objection is taken that there has been no order granting a certificate within the meaning of Section 19 of the Act. We are of

opinion, however, that the order that certificate be granted on security being furnished, sufficiently meets the requirements of the section, though it is

only intended to take effect on security being furnished.

2.

We are unable to accept the decision of the Allahabad High Court in Bhagwani v. Manni Lal ILR (1891) A. 214 to which our attention has

been drawn.

3.

As the widow did not appear though notice was served on her, we cannot say the judge was wrong in granting the certificate to the brother.

4.

We dismiss this appeal with costs.