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TMI Blog1865 (3) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of the uncle, to which he (Tara Purshad) claimed to be entitled. 2. In the year 1829, there was a compromise of the suit instituted by Tara Purshad against Doorga Purshad, under which compromise Tara Purshad became entitled to a six-anna share of the debt due from Shama Purshad Nundy. Subsequently to this compromise, and on the 27th of July, 1829, Doorga Purshad obtained a decree in the Provincial Court against Shama Purshad Nundy for the amount of the principal and interest due upon the Bond. From this decree Shama Purshad Nundy appealed to the Sudder Court, and pending this appeal, and in the year 1831, there was a compromise of this suit also,' which was effected by deeds, dated the 16th of May, 1831. The terms of this comprom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 849 4 Moore's Ind. App. Cases, 464, the Committee reported to Her Majesty, that the decree of the Sudder Court ought to be reversed, and that it ought to be declared that Doorga Purshad was liable to Tara Purshad for a six-anna share of what he, Doorga Purshad, had received, or might thereafter receive, and of what, if anything, he might at any time after the 16th of May, 1834 (being the expiration of the time limited by the deeds of compromise of the 16th of May, 1831), without his wilful default, have recovered or received from Shama Purshad Nundy, or in respect of the sum of ₹ 24,217, 12. 17, and the interest thereon, payable by Shama Purshad Nundy under the decree of the 27th of July, 1829, and the compromise of the 16th of Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Suddar Ameen on the 11th of August, 1843, and by his decree of that date he dismissed the suit; but, upon an appeal by Tara Purshad to the Judge of the Zillah Court, the decision of the Sudder Ameen was reversed, and Doorga Purshad was ordered to pay to the Respondent the ₹ 4,593. 12. 9, with interest at 12 per cent per annum, from the time of the commencement of the suit, with the costs in both Courts ; and upon a special appeal by Doorga Purshad to the Sudder Dewanny Adawlut, that Court dismissed the appeal with costs. In consequence of these decrees Doorga Purshad was compelled to pay to Tara Purshad the sum of ₹ 11,127. 15. 3, which he accordingly paid as follows :-- ₹ 8,200. 7. 3. on the 28th of April, 1848, and ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een. 8. The appeal now before us is from the decree of the Sudder Court of the 9th of May, 1859, and from the decree of the Zillah Court of the 29th of June, 1858. There is no appeal before us from either of the decrees made in the further suit instituted by Tara Purshad against Doorga Purshad, their Lordships having, in consequence of delay on the part of Doorga Purshad, refused an application made by him for leave to appeal from those decrees. Doorga Purshad and Tara Purshad have both died pending this appeal, and the appeal has been revived and is now in force between their representatives, Shama Purshad Roy Chowdery and others, and Hurro Purshad Roy Chowdery and another. 9. The sole question to be considered upon this appeal is, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould arise respecting the competency of the former jurisdiction, the Judges are to report the circumstances to the Sudder Dewanny Adawlut, and wait the instructions of that Court. Their Lordships think that this provision applies only to cases in which the question to be determined in the cause is the same question as has been already heard and determined, and not to cases like the present in which new circumstances have intervened, and altered the nature and character of the question to be determined. The intent of the resolution, as it seems to their Lordships, is only to prevent the re-trial of the same question ; and it is obvious that there is an essential difference between the question whether Tara Purshad, was entitled, to recover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be dealt with under it, and it would be in contravention of the Order to permit the decrees obtained by Tara Purshad pending the appeal on which it was made to interfere with this purpose. Moreover, the decrees now under appeal rest on precisely the same cause of suit as the original decree which was reversed by the Order of Her Majesty in Council. The plaint in the case on which the original decree was recovered describes the interest recovered by the decrees under appeal as part of the same cause of suit, separated only for the convenience of Tara Purshad, and the decrees under appeal, therefore, were mere subordinate and dependent decrees, and their Lordships do not think that these decrees can be held to have remained in force when ..... X X X X Extracts X X X X X X X X Extracts X X X X
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