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Bhaiya Bindha Chal and ors. Vs. Nawal Raj Kuari - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All404; 64Ind.Cas.927
AppellantBhaiya Bindha Chal and ors.
RespondentNawal Raj Kuari
Excerpt:
execution - decree void--death of appellant before decision--no objection in appellate court--objection can be taken in execution--jurisdiction. - 1. we think the court below had jurisdiction to enquire 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 heard and determined and a decree passed in his favour on the 1st march 1918?2. on receipt of the finding, ten days will be allowed for objections.
Judgment:

1. We think the Court below had jurisdiction to enquire 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 heard and determined and a decree passed in his favour on the 1st March 1918?

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


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