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Tadikonda Venkayya and ors. Vs. Kodali Venkatasubbamma - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in13Ind.Cas.486
AppellantTadikonda Venkayya and ors.
RespondentKodali Venkatasubbamma
Cases ReferredRegulla Jogayya v. N. Vencatarathnamma
Excerpt:
widow suit against - evidence necessary as to nature of debt. - ralph benson, j.1. the subordinate judge was in error in refusing to admit evidence and to consider whether the debt was incurred by the widow as representing her late husband's estate and was, therefore, binding on the estate in her hands. regulla jogayya v. n. vencatarathnamma 33 m.p 492 : 5 ind. cas. 271 : 7 m.l.t. 112 : 20 m.l.j. 412.2. i must set aside the decree of the subordinate judge and direct him to restore the suit to his file and dispose of it afresh in accordance with law. costs will abide the result.
Judgment:

Ralph Benson, J.

1. The Subordinate Judge was in error in refusing to admit evidence and to consider whether the debt was incurred by the widow as representing her late husband's estate and was, therefore, binding on the estate in her hands. Regulla Jogayya v. N. Vencatarathnamma 33 M.P 492 : 5 Ind. Cas. 271 : 7 M.L.T. 112 : 20 M.L.J. 412.

2. I must set aside the decree of the Subordinate Judge and direct him to restore the suit to his file and dispose of it afresh in accordance with law. Costs will abide the result.


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