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Bindhya Chalisingh and ors. Vs. Nawalraj Kunwari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1921)ILR43All328
AppellantBindhya Chalisingh and ors.
RespondentNawalraj Kunwari
Excerpt:
execution of decree - jurisdiction--appellate decree--objection raised in execution that appeal had abated and the decree was void--no objection taken in the appeal itself. - piggott and walsh, jj.1. we think the court below had jurisdiction to inquire into and to determine the question of fact which it has refused to determine. we send down the following issue:was baz bahadur singh, the minor son of mahesh singh, living or dead on the date on which the appeal, pending in his name before this court, was beard and determined and a decree passed in his favour on the 1st march, 1918?2. on receipt of the finding, tea days will be allowed for objections.
Judgment:

Piggott and Walsh, JJ.

1. We think the court below had jurisdiction to inquire into and to determine the question of fact which it has refused to determine. We send down the following issue:

Was Baz Bahadur Singh, the minor son of Mahesh Singh, living or dead on the date on which the appeal, pending in his name before this Court, was beard and determined and a decree passed in his favour on the 1st March, 1918?

2. On receipt of the finding, tea days will be allowed for objections.


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