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1925 Supreme(Mad) 437

JACKSON
Chidambaram Chettiar – Appellant
Versus
Parvathi Achi – Respondent


JUDGMENT

Jackson, J.

1. Petitioner is defendant in O.S. No. 29 of 1923 on the file of the Sub-Court, Mayavaram. Plaintiff is suing in forma paupers for maintenance due to her as a Hindu widow after the lapse of 20 years, for her husband died in 1902. The petitioner contended in his written statement that she had gone to the home of her own people at the time of her husbands death, and they came to an oral arrangement that she should keep her jewels in lieu of maintenance. Issues were framed on 30th October 1923 and the suit was posted for hearing to 11th December 1923, and adjourned to 29th January 1924. In the interval, on 9th January 1924, the petitioner applied to file certain documents which he swore he had been unable to find earlier. The Subordinate Judge observing that the reason could not be accepted rejected the application. This Court ordered a rehearing, as the Subordinate Judge had not apparently directed his mind to the truth of the statement. Accordingly the application has been re-heard, and again rejected, and petitioner once again comes up in revision.

2. The learned Subordinate Judge has stated as the points for determination:

Whether the reason given by the petitione






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