9911796707
TMI Blog1890 (4) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... second appeal can be brought are stated in Section 584 of the Civil Procedure Code, Act XIV of 1882. They are these: (a) The decision being contrary to some specified law, or usage having the force of law. (b) The decision having failed to determine some material issue of law, or usage having the force of law. (c) A substantial error or defect in the procedure as prescribed by this Code or any other law, which may possibly have produced error or defect in the decision of the case upon the merits, 4. In Sub-section (a) the word specified obviously means specified in the memorandum or grounds of appeal. 5. At the outset of the argument their Lordships were informed that, according to Indian authorities, the appeal might be su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it was proved that the father and the two sons kept separate accounts with the same native banker, and lived separately. 8. On the other hand, it appeared that in 1864, at a settlement, when the investigation into proprietary rights was made, neither the respondent nor the appellant's husband set up any claim to any part of the property. Beni Singh claimed to be solely entitled, and the Settlement Officer awarded to him, and to him alone, proprietary rights in the whole estate. From 1864 to 1878, when Beni Singh died, the estate was entered in the Collector's register as Beni Singh's property. 9. The Assistant Commissioner found in favour of the appellant that the property was partitioned in 1857. From this finding the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se are stated in the lower Court's judgment. On the pleas, which were very fully argued on both sides, I find as follows-- Plea 3.--this plea also is, I think, sound. I agree with appellant's pleader that the burden of proving partition fell on plaintiff, and that plaintiff quite failed to prove it. The settlement proceedings alone, in my opinion, disprove it, while oral evidence as to an event 29 years old is of little weight, and there is absolutely no documentary evidence. This disposes of pleas 4, 5, 6. plea 7.--I agree in this plea. The document was not trustworthy, and there was no trustworthy evidence about it. Plea 10.--This plea is also sound, and in accordance with common custom. 11. Having stated the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s an error or defect in procedure within the meaning of Section 584. 14. The learned Counsel for the appellant contended that these rulings covered the present case. The Lower Appellate Court, it was said, had clearly misapprehended the effect of the settlement proceedings in 1864; undue weight had been attached to the registration in Beni Singh's sole name; the oral evidence had been wholly discarded; sufficient weight had not been given to the important statement in Beni Singh's petition, or to the separate dealings of his two sons; the Court had thus been led to misconceive the case entirely, and to find for the defendant when the finding should have been for the plaintiff. 15. It would be an unprofitable task to inquire ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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