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Bishambar Nath Vs. Gaddar - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in9Ind.Cas.317
AppellantBishambar Nath
RespondentGaddar
Cases ReferredGoma Mahad Patil v. Gokal Das Khimji
Excerpt:
wrongful attachment of property - attached property stolen during attachment--liability of person who obtained the attachment--damages--trespass--provincial small cause courts act (ix of 1887), schedule ii, article 35(j)--jurisdiction. - 1. we are of opinion that, the view taken by our learned colleague is correct. it is based on the ruling in goma mahad patil v. gokal das khimji 3 b. 74 with which ruling we agree. the cases which have been relied upon by the learned advocate for the appellant appear to us to be distinguishable. the correctness of the decision in the case of goma mahad patil v. gokal das khimji 3 b. 74 has never, so far as we are aware, been questioned. we dismiss the appeal with costs.
Judgment:

1. We are of opinion that, the view taken by our learned colleague is correct. It is based on the ruling in Goma Mahad Patil v. Gokal Das Khimji 3 B. 74 with which ruling we agree. The cases which have been relied upon by the learned Advocate for the appellant appear to us to be distinguishable. The correctness of the decision in the case of Goma Mahad Patil v. Gokal Das Khimji 3 B. 74 has never, so far as we are aware, been questioned. We dismiss the appeal with costs.


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