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Mukhal Singh Vs. Kishuni Singh - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1930)32BOMLR1576
AppellantMukhal Singh
RespondentKishuni Singh
DispositionAppeal dismissed
Excerpt:
.....maddi mahalakshmamma (1929) l.r. 57 i.a. 56 : s.c. 32 bom. l.r. 517, followed.; where special leave to appeal is granted by the board ex parte, that does not preclude the board, when the true facts are brought before it, from going into the question of whether the appeal is competent or not, and accordingly it is open to the respondent, at the hearing, to object to the competence of the appeal.;zahid husain v. mohammad ismael (no. 2) (1930) l.r. 57 i.a. 186 : s.c. 32 bom. l.r. 1150, followed. - viscount dunedin, j. 1. in this case the question has been raised as to whether the appeal is competent. special leave to appeal was granted on an ex parts application ; but it has been settled in a judgment of this board that that does not preclude the board, when the true facts are brought before it, from going into the question of whether the appeal is competent or not: zahib husain v. mohammad ishmael no. (2 . upon that question the present case seems to be entirely covered by another decision of the board in gudivada mangamma v. maddi makalakshmamma under these circumstances their lordships will humbly advice his majesty that the appeal is incompetent and should be dismissed with costs.
Judgment:

Viscount Dunedin, J.

1. In this case the question has been raised as to whether the appeal is competent. Special leave to appeal was granted on an ex parts application ; but it has been settled in a judgment of this Board that that does not preclude the Board, when the true facts are brought before it, from going into the question of whether the appeal is competent or not: Zahib Husain v. Mohammad Ishmael No. (2 . Upon that question the present case seems to be entirely covered by another decision of the Board in Gudivada Mangamma v. Maddi Makalakshmamma Under these circumstances their Lordships will humbly advice His Majesty that the appeal is incompetent and should be dismissed with costs.


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