Ramapat Saran vs Habib Ullah Khan - 1926 Supreme(All) 429

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(All) 429

MUKERJI
Ramapat Saran – Appellant
Versus
Habib Ullah Khan – Respondent

JUDGMENT

Mukerji, J. - This is an appeal against a decree of the Subordinate Judge of Gorakhpur, dismissing the appellants' suit under Order 11, Rule 21 of the Civil Procedure Code. The facts briefly are these: The appellants sued to obtain a declaration that a mortgage made by their father, the Defendant No. 2 in the suit, in favour of the Defendant No. 1 and the mortgage decree, obtained by the Defendant No. 1 against the father were 'not binding on the appellants and their property. The Defendant No. 1 alone defended the suit. Before he filed a written statement he obtained permission of the Court to deliver interrogatories to the plaintiffs to answer certain questions. There interrogatories were served by a peon of the Court on the 28th of April 1920. The report is that the guardian of the minor plaintiffs was a pardanashin lady, that one of the plaintiffs came out of the house and reported that his mother knew nothing about the case. The peon thereupon affixed the notice on the outer door of the house. On the 11th of May 1920 the defendant filed his written statement. Apparently he did not find himself handicapped for want of answers to the interrogatories which he had delivere

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