Document Fragment View
Fragment Information
Showing contexts for: invalid gift in Abdul Ghafoor vs Abdul Rahman on 10 January, 1951Matching Fragments
3. The trial Court considered the question on merits and answered it against the plaintiff. It held that the gift was not invalid and it, therefore, dismissed Abdul Rahman's suit. The plaintiff went up to the Court of the Civil Judge, Rae Bareli, in appeal but before the case was taken up for hearing, he applied for withdrawal of the action with liberty to institute a fresh suit. The reasons which necessitated the withdrawal were stated to be : (1) That there was a formal defect in the plaint inasmuch as the plaintiff inadvertently failed to plead that Section 24, Regulation of Agricultural Credits Act (XIV [14] of 1940) operated to render the gift invalid, and (2) That he omitted to pray alternatively for possession.