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Dhanakdhari Singh Vs. Mahabir Pershad Singh - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtMumbai
Decided On
Judge
Reported in(1907)9BOMLR651
AppellantDhanakdhari Singh
RespondentMahabir Pershad Singh
DispositionAppeal dismissed
Excerpt:
practice-question of fact decided by first court-not submitted to appeal court-raised before the privy council.;where on appeal to the privy council the argument offered was on a question of fact, which was decided in the first court and was not submitted for review to the appeal court below :;that it was out of their lordship's power to entertain the ground of appeal. - robertson, j.1. their lordships are confronted with this objection to the appeal, that the argument offered to them is on a question of fact-namely that of waiver-which was decided adversely to the present appellants in the court of the subordinate judge and was not submitted for review to the high court in calcutta. accordingly it is out of their lordships' power to entertain the ground of appeal, it being one of fact which has not been subject to the consideration of the court below.their lordships will, therefore, humbly advise his majesty that the appeal ought to be dismissed. the appellants will pay the costs of it.
Judgment:

Robertson, J.

1. Their Lordships are confronted with this objection to the appeal, that the argument offered to them is on a question of fact-namely that of waiver-which was decided adversely to the present appellants in the Court of the Subordinate Judge and was not submitted for review to the High Court in Calcutta. Accordingly it is out of their Lordships' power to entertain the ground of appeal, it being one of fact which has not been subject to the consideration of the Court below.

Their Lordships will, therefore, humbly advise His Majesty that the appeal ought to be dismissed. The appellants will pay the costs of it.


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