1921 (6) TMI 3

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..... under the guardianship of his next friend Kirpa Ram instituted a suit on the 27th of July 1916 against Balwant Singh and Nand Lal claiming possession of 116 kanals 5 marlas of land which he (Narotam Singh) had mortgaged to Bal want Singh for a sum of ₹ 3,000 on the 13th February 1915. The plaintiff alleged that at the time when the mortgage was executed he was a minor, a fast that was known .....

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..... ession of the land in suit on the same terms as the previous mortgagee Nand Lal had held. 2. Against this decree Balwant Singh preferred an appeal to the District Judge. That officer, after briefly stating the fasts as above indicated, proceeded to note in his judgment the various arguments advanced by the Counsel on each side. Dealing first with the question of minority, he same to the finding t .....

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..... o refer to the fast that the medical evidence was conflicting, but thought that if any of it was to be accepted, it was clear that that given by Colonel James was entitled to most weight. Colonel James had expressed his opinion that the plaintiff, on the 7th of December 1916, was about 19 years of age. Mr. Tek Chand for Balwant Singh has contended that although a decision on the question of the pl .....

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..... rse, very difficult to say. We, therefore, think that a finding arrived at on consideration of evidence which is inadmissible and which proceeds partly on such evidence can be assailed in second appeal. In this view we are supported by a decision of the Patna High Court reported as Sumitra Kuer v. Ram Kair 57 Ind. Cas. 561 : 5 P.L.J. 410 : 1 P.L.T. 702 : (1921) Pat. 17. 4. After dealing with the .....

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..... he District Judge's opinion with regard to the said arguments. We cannot but regard this judgment as unsatisfactory. It has not dealt with all the grounds of appeal raised before the lower Appellate Court. 6. We, therefore, accept this appeal and setting aside the entire judgment of the learned District Judge, dated 3rd July 1917, remand the case to the Court of the learned District Judge for .....

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