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1925 Supreme(SC) 49

Dadabhoy Framji Cama – Appellant
Versus
Cowasji Dorabji Panday and others – Respondent


Advocates Appeared:
T.L. Wilson and Co, Turner and Sons, E. B. Raikes, Cecil Turner, A.C. Clauson

Lord Phillimore. -

Their Lordships have followed with care and with interets the very careful auguments put before them on both sides in this case, and in the circumstances they do not think it necessary to reserve consideration of the case in order to write an elaborate judg ment. They think that the same conclusion which the Courts below have arrived at might possibly have been reached by simpler methods" but however that may be they see no reason to differ from the construction put upon this section in both Courts below, and therefore their Lord ships will humbly advise His Majesty that the principal appeal should be dismissed.

As to the cross-appeal : there are many answers to make, but the one which is sufficient is that it is an appeal by a lady claiming as the widow of the party to the settlement sought to be impeached and having no title except as widow of that party. Her husband deliberately put his hand to a deed which on its face did not bind others than those who were parties to it, and by it he in substance though not exactly in those words, released all his interest under the previous deed, and for that reason, if for no other, the cross-appeal must be rejected.

With re


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