JUDGMENT

Bennet, J. - This is a first appeal by Mt. Janak Dulari, the plaintiff, whose suit has been dismissed on a preliminary issue of law. Mt. Janak Dulari claimed that she was entitled to one quarter share of the family property which had been held by her husband who died on 26th July 1937. She claimed this alternatively, either on the ground that her husband died possessed of this one quarter share as his separate property, or that, if the family was not proved to have been divided, the plaintiff was under Act 18 of 1937 entitled to have this one-quarter share. The written statement pleaded that

Act 18 of 1937 was in no way valid and enforceable. It had not been validly passed by the Legislature. The Government or the Legislature had no power to enforce such an Act.

2. For some reason not stated no issue was framed on the question of whether the husband of the plaintiff died joint or separate. An issue was framed, No. 1:

Whether the Act 18 of 1937 was not validly passed by the Legislature and is unenforceable anc8 not binding upon defendants 1, 2 and 4.

3. In the Court below the plaintiff apparently relied on Section 292, Government of India Act, 1935, as applying to this Act, The