Kalu BIn Bhiwaji Vs. Vishram Mawaji - Court Judgment
|Judge||Michael Westeopp, C.J. and ;Nanabhai Haridas, J.|
|Appellant||Kalu BIn Bhiwaji|
court fees act vii of 1870, schedule ii, article 17, clauses 1 and 3 - valuation of suit--jurisdiction--act viii of 1859, sections 5 and 26--bombay civil courts act xiv of 1869, section 24, clause 2--review--act viii of 1859, section 376. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to.....michael westropp, c.j.1. this court, on the authority of the calcutta cases nanhoon singh v. tofanee singh 12 beng. l.r. 113 and jeebraj singh v. inderjeet mahtoon 12 ben. l.r. 115 and of bai mahkor v. bulakhi chaku, (supra p 538) reverses the order of the district judge and restores that of the subordinate judge with costs; but, in accordance with the course followed in the last-mentioned case, directs that the plaint be returned to the plaintiff in order that he may, if so advised, present the same in the proper court.
Michael Westropp, C.J.
1. This Court, on the authority of the Calcutta cases Nanhoon Singh v. Tofanee Singh 12 Beng. L.R. 113 and Jeebraj Singh v. Inderjeet Mahtoon 12 Ben. L.R. 115 and of Bai Mahkor v. Bulakhi Chaku, (supra p 538) reverses the order of the District Judge and restores that of the Subordinate Judge with costs; but, in accordance with the course followed in the last-mentioned case, directs that the plaint be returned to the plaintiff in order that he may, if so advised, present the same in the proper Court.