Judgement

This was an administration suit.

The suit was brought in the Court of the Civil Judge at Lucknow, and involved the right to the inheritance and division of the property of Nawab Moonuwurood Dowlah, a Mahomedan of the Sheah sect, who died at Lucknow. The two first Respondents were the Plaintiffs and the Appellant the [@ page M.I.A. 518] principal Defendant. The object of the suit was for an account and division of the assets of the deceased, according to the Sheah school of Mahomedan law. A separate claim was set up by Afzur Muhul, his Widow, in respect of her dower.

The facts of the case were as follow—

Nawab Moonuwurood Dowlah was for many years Prime Minister of Oude under the native Royal dynasty, and who was reputed to have been possessed of immense wealth, of which a great portion was invested in Promissory notes of the British Government, commonly called Companys paper, which form the securities of the public Creditors in respect of portions of the public funded debt in India.

These Promissory notes were negotiable instruments payable to order, and the right therein is transferable and passes by endorsement to the person to whom the same are made payable, or in whos