JUDGEMENT

Appeal (No. 4 of 1941) from a judgment of the High Court, sitting as a court of second appeal (April 25, 1939), which reversed a judgment of the District Judge, Lyallpur (August 4, 1936), who had affirmed a judgment of the Subordinate Judge, Lyallpur (August 2, 1935), dismissing a suit by Mst. Umrao Begum (hereinafter called the plaintiff, who died on June 25, 1938, pending the appeal to the High Court, against the appellant, Sheikh Rahmat Ilahi.

The following facts are taken from the judgment of the Judicial Committee In a previous suit the appellant had obtained on March 30, 1933, a decree for Rs.30,000 and interest against the plaintiff for money alleged to be due on a money bond. On August 28, 1933, the suit out of which this appeal arose was begun by the plaintiff against the appellant with a view to setting aside the decree for Rs.30,000. The case alleged by the plaintiff in her petition of plaint as finally amended, and dated December 20, 1933, may be summarized as follows. It was said that one Chaudhri Mohammed Din, with the help of one Mahbub Ilahi, had fraudulently secured the plaintiffs signature on the bond above referred to while she lay ill, thus fixing on h