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Macpherson, J.@mdashMr. Marindin objected to the questions which I have embodied in the third issue being raised, on the ground that they are not raised in the plaint, and on the ground that, as the plaint is based whol…
Phear, J.@mdashThe plaint complained that the defendant had maliciously, with intent to defame the character of the plaintiff, and to injure his reputation, caused information to be laid before the police, charging the …
Macpherson, J.@mdashI think another umpire should be appointed. When a person has gone to England, and remains there, and there is no evidence to show that he has any intention of coming back to India, it seems to me th…
Phear, J.@mdashIn this case the defendant has executed a kabuliat to four persons jointly. Two of them sue him in the Collector''s Court for arrears of rent, making their co-sharers, or the representatives of those co-s…
Sir C.P. Hobhouse, J.@mdashWe think that, in this case, the proceedings of the Court below must be set aside as proceedings held without jurisdiction, The plaintiff in this suit sought to obtain possession of the person…
Loch, J.@mdashWe think the judgment of the Court below is right. The decree-holder is not in a better position than any other auction-purchaser, a stranger. In this case if the auction-purchaser had been a stranger, he …
Macpherson, J.@mdashWe remand this case to the first Court for trial on the merits. Section 260, Act VIII of 1859, does not apply to it. That section says:--"The certificate shall state the name of the person who at "th…
Glover, J.@mdashThe point for decision in this appeal is, can the purchaser of a share in an undivided lakhiraj estate sue his coparceners for a batwara of his own portion. The plaintiff bought a 5-anna, 7-ganda share o…
Phear, J.@mdashThis is a suit to obtain a declaration of the plaintiff''s right of possession to certain land as against the defendant. There are, therefore, two elements in the cause of this suit: first, the possession…
Norman, Officiating C.J. 1. I am clearly of opinion that this suit must be dismissed, upon the ground that it is barred by limitation. The plaintiff seeks to recover the price of an elephant sold in the early part of t…