Rup Singh Nayal vs Mrs. Arjun Sen - 1934 Supreme(All) 329

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1934 Supreme(All) 329

BENNET
Rup Singh Nayal – Appellant
Versus
Mrs. Arjun Sen – Respondent

ORDER

Bennet, J. - This is a civil revision by a defendant against a decree of the lower appellate Court. The facts found are that on 6th July 1932, there was an application by a mukhtar of the defendant stating that if the plaintiff took an oath by Buddha that she had advanced Rs. 100 to the defendant then the suit should be decreed in favour of the plaintiff, and if the plaintiff did not take this oath then the defendant would take an oath by God that the defendant did not take any money from the plaintiff, and the suit should be dismissed. Neither parties were present on this date. The plaintiff's counsel stated that his client agreed and 12th July 1932, was fixed for the oath or oaths to be taken. On 9th July the defendant appeared in person and made a written application to the Court stating that he did not desire the proceeding by oath as the plaintiff was a Buddhist and the defendant would be out cased if he agreed to the proceeding. The Court did not agree to that application. On 21st July, there was a report by a peon to the Court that the defendant did not go to the temple but the plaintiff went to the temple. The report did not state that the plaintiff took the oath. The

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