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Sibt HusaIn and ors. Vs. Munwarulnissa and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in16Ind.Cas.431
AppellantSibt HusaIn and ors.
RespondentMunwarulnissa and ors.
Excerpt:
civil procedure code (act v of 1908), section 110 - 'directly or indirectly involves some claim or question to or respecting property of the value of rs. 10,000 or upwards'--privy council appeal. - .....decree involves directly or indirectly same claim or question to or respecting property other than the property actually in the suit. the words are very wide in the section and, in our opinion, they do at least, indirectly involve same question respecting property of the value of upwards of rs. 10,000. the case accordingly fulfils the requirements of section 110 of the code of civil procedure, and we so certify.
Judgment:

1. This is an application for leave to appeal to His Majesty in Council. The value of the subject-matter of the suit and of the proposed appeal does not exceed Rs. 10,000. This Court confirmed the finding of the Court below. The case accordingly does not fulfill the requirements of Section 110 of the Code of Civil Procedure unless we come to the conclusion that the decree of this Court directly or indirectly involves same claim or question to or respecting property of the value of Rs. 10,000 or upwards. The plaintiffs in the suit claimed under a certain deed of gift, the validity of which was denied by the defendants. The Court of first instance found in favour of the defendants and dismissed the plaintiff's suit. There were also parties as defendants certain other claimants who were donees under the same (deed of gift) and the value of the property, the subject-matter of the deed of gift far exceeds Rs. 10,000. The question whether or not under these circumstances the decree involves directly or indirectly same claim or question to or respecting property other than the property actually in the suit. The words are very wide in the section and, in our opinion, they do at least, indirectly involve same question respecting property of the value of upwards of Rs. 10,000. The case accordingly fulfils the requirements of Section 110 of the Code of Civil Procedure, and we so certify.


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