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Rahima Bibi Vs. Hamida Bibi and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.857
AppellantRahima Bibi
RespondentHamida Bibi and ors.
Cases ReferredFollowing Lachminia Kuar v. Ruder Deo Naram Singh
Excerpt:
lunacy (district courts) act (xxxv of 1858) - inquisition, proceedings in--petitioner, whether entitled, to have inquiry conducted so long as he has witnesses available--discretion of court to stop proceedings for proper grounds. - 1. following lachminia kuar v. ruder deo naram singh 9 ind cas. 207 we hold that the court has got a discretion to stop the proceedings in the inquisition for proper grounds, there being no provision in the act which entitles the petitioner to have the inquiry conducted so long as he is able to tender witnesses for examination.2. we think that in this case (to use the language of the judgment in the above quoted allahabad case) 'the medical evidence militates against the idea of any further inquiry being necessary' and 'the court exercised a wise discretion in refusing to proceed further into the case.'3. the appeal is dismissed with costs.
Judgment:

1. Following Lachminia Kuar v. Ruder Deo Naram Singh 9 Ind Cas. 207 we hold that the Court has got a discretion to stop the proceedings in the inquisition for proper grounds, there being no provision in the Act which entitles the petitioner to have the inquiry conducted so long as he is able to tender witnesses for examination.

2. We think that in this case (to use the language of the judgment in the above quoted Allahabad case) 'the medical evidence militates against the idea of any further inquiry being necessary' and 'the Court exercised a wise discretion in refusing to proceed further into the case.'

3. The appeal is dismissed with costs.


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