Mahabir Prasad vs Mohammad Ali Khan - 1927 Supreme(All) 348

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1927 Supreme(All) 348

ASHWORTH
Mahabir Prasad – Appellant
Versus
Mohammad Ali Khan – Respondent

JUDGMENT

Ashworth, J. - This is an application in revision u/s 115, Civil P.C., against an order of the Additional Subordinate Judge of Jaunpur allowing the plaintiffs-respondents to withdraw a suit decided against them by the Munsif of Shahganj (Jaunpur) under Order 23, Rule 1(2).

2. The plaintiffs brought a suit to redeem a certain mortgage. It was dismissed by the trial Court on the ground that Bipat from whom the plaintiffs purchased the equity of redemption was no relation or successor-in-interest of the original mortgagor Jhagru. The plaintiffs set up relationship between Bipat and Jhagru through one Biru, alleged to be the great-grand-father of Jhagru and the great-great-grandfather of Bipat. The Munsif, after a careful judgment, held that no relationship was proved between Bipat and Jhagru. The plaintiffs appealed to the Subordinate Judge of Jaunpur. One of the grounds of appeal was that the trial Court had failed to take into consideration certain documents filed by the plaintiffs. The lower appellate Court passed an order in respect of one document that the lower Court had rightly refused to take it into consideration, because the plaintiff's had failed to prove it. The pla

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