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Musammat Kirpia Vs. Hardeo and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1916All11; 34Ind.Cas.57
AppellantMusammat Kirpia
RespondentHardeo and ors.
Excerpt:
appeal, second - document admitted in first appeal--objection in second appeal, if allowed. - .....case we do not think that the question of law arises. the plaintiff herself came into court mentioning the agreement and alleging that it was not binding upon her because it was brought about by fraud. in the court of first instance the documents were all admitted without objection on the part of the plaintiff. the question of fraud or no fraud was heard and decided by both courts. under these circumstances we think that it is quite too late for the appellant to raise questions as to the admissibility of the documents which were received in evidence by the court below. we accordingly dismiss the appeal with costs, including in this court fees on higher scale.
Judgment:

1. This appeal arises out of a suit in which the plaintiff sought possession and to set aside an agreement which, she said, had been brought about by fraud and undue influence. It is true that this latter relief was added by amendment after the plaint was originally filed. The case was referred to a Full Bench because it was thought that a somewhat important question as to the admissibility of unregistered documents of compromise in the Revenue Court in mutation proceedings was involved. This question has been dealt with by a Full Bench of this Court in Letters Patent Appeal No. 4 of 1915. Under the circumstances of the present case we do not think that the question of law arises. The plaintiff herself came into Court mentioning the agreement and alleging that it was not binding upon her because it was brought about by fraud. In the Court of first instance the documents were all admitted without objection on the part of the plaintiff. The question of fraud or no fraud was heard and decided by both Courts. Under these circumstances we think that it is quite too late for the appellant to raise questions as to the admissibility of the documents which were received in evidence by the Court below. We accordingly dismiss the appeal with costs, including in this Court fees on higher scale.


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