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VIVIAN BOSE
SUB-JUDGE, FIRST CLASS – Appellant
Versus
JAWAHAR LAL RAMCHAND PARWAR – Respondent
Vivian Bose, J—This is a reference by the Sub-ordinate Judge, First Class, Hoshangabad, asking this Court to take action in a matter of contempt committed against the presiding Judge of that Court. It appears that the learned Judge who has made the reference was seised of a case in which the opposite party was involved. One Mt. Radhabai, daughter of Mulchand, had filed Civil Suit No. 11 of 1931 in the Court in question against the opposite party, Jawaharlal and his brothers for, among other things, possession of Mulchand's property including property which had been seized by the District Judge and kept with the Nazir in proceedings under Section 192, Succession Act. The defendants set up a will alleged to have been executed by Mulchand in their favour bequeathing all the property to them. The Court over which the learned Judge who has made this reference was presiding decreed the plaintiff's claim in full and held that the will was a forgery. The defendants appealed to the High Court and there the appeal was dismissed and the finding that the will was a forgery was upheld. The decree-holder then took out execution and the judgment-debtors, including the opposite party, set
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