Author : Bengal. Sadr Diwani ¿Adalat
Publisher : Rarebooksclub.com
Page : 212 pages
File Size : 13,88 MB
Release : 2013-09
Category :
ISBN : 9781230002248
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ... the properties involved in the present appeals; but different reasons, not affecting their general right, may ha_, _ve influenced them.in waiving their claims in that particular instgjppe.., .g a_.-e find that in the case brought by Mr. Hedger, and decided in appeal by this Court (present: Sir R. Barlow, Bart., ) on April 19th, 1844, Huree Mohun, N undkoomar and Ram Koomar did not make appearance, and so allowed Bhyrub Chundur and his brothers to defeat the just claims of Mr. Hedger on them (Huree Mohun, Nundkoomar, and Ram Koomar), by adducing the decree of this Court of November 2nd, 1835, as conclusive proof that the pergunnah Futteh J ungpore belonged exclusively.to Futtick Chundur's branch. But this line of proceeding, however unfairly intended, and however obviously adopted in concert with Bhyrub Chundur, so as to leave Mr. Hed er without the means of defending himself against what is now estabfished to have been the collusive plea by which he was met, can only afford ground for allowing Mr. "Hedger to apply (as was provided, indeed, by the decree of the zillah judge) for a review of the judgment then given against him, and cannot be taken to have the efifect of a relinquishment by Nimdkoomar or Ram Koomar of their rights in the pergurmah as against other parties It remains to consider whether Nundkoomar, and the members of his branch, are barred by lapse of time from their suit for shares in the estates, property and wasilat, included in the supplemental plaint of July 10th, 1846. As there was no rule in force before 1839, requiring all property, claimed upon one groimd, to be embraced in one suit, and as the one question upon which the decision respecting all the properties turned, was at issue in the case...