JUDGMENT

Allsop, J. - This appeal arises out of a suit in which the plaintiff-appellant claimed a sum of Rs. 10,000 from her husband, Saghir Husain Khan, the defendant-respondent, on account of her dower. The defence was that the dower fixed was Rs. 32-8-0, that the plaintiff had been divorced by the defendant in the year 1935, that her suit, instituted in the year 1939, was barred by limitation and that the liability to pay dower had been discharged because the defendant had made an application u/s 4, Encumbered Estates Act, and the plaintiff had not put in any claim under the provisions of Section 9 of the Act.

2. The findings of fact were that the dower fixed was Rs. 10,000 and that there was no divorce in 1935. These findings are not disputed in appeal. It was, on the other hand, admitted by the plaintiff that she had made no claim during the proceedings following on her husband's application under the Encumbered Estates Act. The learned Judge of the lower Court dismissed the suit on the ground that the liability to pay dower was discharged under the provisions of Section 13 of that Act. The plaintiff claimed that the sum of Rs. 10,000 was payable on demand, that is to say, she a