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1956 Supreme(Raj) 29

I.N.MODI, K.N.WANCHOO
Amarsingh – Appellant
Versus
Karnail Kaur – Respondent


Advocates:
Appearance :
Achluram and Hukamchand, for the Appellant
M.M. Vyas and Badrinarain, for the Respondents

Judgment Modi, J.-This is an application by the unsuccessful plaintiffs Arnarslngh and Kararnsingh for leave to appeal to the Suprerne Court under Article 133 (1) (b) and (c) of the Constitution against the judgrnent and decree of a Bench of this Court dated 13-7-1955, reversing the judgrnent and decree of the District Judge. Ganganagar, by which he had decreed the plaintiffs’ suit.

2. The dispute between the parties in substance and effect relates to the right to succeed to the estate of the deceased Dayalsingh, nephew (being brother’s son) of the petitioners, and the husband of oppo site party No. 1 Mst. Karnail Kaur. The plaintiffs’ case was that Mst. Karnail Kaur was not at all pregnant at the time of her husband’s death on the 20th February, 1947, and, therefore, the alleged after-born son Jagrupsingh opposite party No. 2 was an impostor, not being the child of Dayalsingh. There was a further allegation that Mst. Karnail Kaur had contracted a second rnarriage with Labhsingh, one of the sons of the plaintiff Arnarsingh. The plaintiffs’ suit was instituted directly to obtain a declaration to the effect above-rnentioned. They valued their suit for purposes of jurisdiction at Rs.















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