Search Results Page

Search Results

1 - 10 of 68 (0.78 seconds)
Documents citing Raja Debi Bakhsh Singh vs Habib Shah on 29 April, 1913

Narayana Chettiar And Anr. vs P.C. Muthu Chettiar And Ors. on 5 March, 1926

as supporting the view taken by it. In Debi Bakhsh Singh v. Habab Shah 19 Ind. Cas. 526 : 35 A. 331 : 17 C.W.N. 829 : 11 A.L.J. 625 : 18 C.L.J. 9 : 15 Bom. L.R. 640 : 14 M.L.T. 33 : (1913) M.W.N. 566 : 25 M.L.J. 148 : 16 O.C. 194 : 401. A. 151 (P.C.) the plaintiff was dead and the Court not being aware of his death dismissed the suit for the non-appearance of the plaintiff. The Privy Council held that the dismissal was an abuse of the process of the Court. Their Lordships observe at page 337:
Madras High Court Cites 10 - Cited by 7 - Full Document

Sonubai Baburao Gaikawad vs Shivajirao Krishnarao Gaikawad on 19 August, 1920

18. But even if this rule is not applicable the case would be one in which the Court ought, I think, to interfere ex debito justitiae and the inherent powers of the Court under Section 151 of the Code of Civil Procedure can very properly be applied to this case, The principles on which the Privy Council acted in Raja Debi Bakhsh Singh v. Habib Shah (1913) L.R. 40 I.A. 151 : 15 Bom, L, R. 640. are applicable. To rank the absence of a minor whose next friend is of unsound mind in the category of default is not very stateable. An order passed in these circumstances is a nullity.
Bombay High Court Cites 11 - Cited by 11 - Full Document

Pamireddi Sambayya And Ors. vs Nimmagadda Nagayya And Ors. on 2 October, 1918

12. There can be no doubt that, if the order is allowed to stand, the appellants' right of appeal in the main suit will be taken away from them for no default committed by them. It was, therefore, clearly necessary for the ends of justice and to prevent abuse of process of Court to set it aside. I agree with my learned brother that the principle of the decision of the Privy Council in Debt Bakhsh Singh v. Habib Shah 19 Ind. Cas. 526 : 35 A. 331 : 17 C.W.N. 829 : 11 A.L.J. 625 : 18 C.L.J. 9 : 15 Bom. L.R. 640 : 25 M.L.T. 148 : 14 M.L.T. 38 : (1913) M.W.N. 566 : 16 O.C. 194 : 40 I.A. 150 (P.C.) applies to this case, though the facts of that case were somewhat different.
Madras High Court Cites 7 - Cited by 1 - Full Document

Jambu Ammal vs Nataranjam Pillai Minor By Guardian ... on 3 May, 1922

2. The facts of the case are these: Small Cause Suit No. 835 of 1916 was brought by the plaintiff as transferee of a promissory-note said to have been executed by the paternal grandfather of the defendants to one Krishna Iyengar. After he obtained a decree he transferred it to the present petitioner, who is the wife of one Subramania Iyer, a hotel keeper, who holds a usufructuary mortgage on the property which is a house belonging to the minor defendants. She brought the property to sale and it was purchased by one Chidambara Iyer who transferred it to the petitioner: It is argued for the petitioner that the suit was filed so far back as 9th May, 1916, the decree was obtained on 14th December, 1916, the sale in execution of the decree was on 15th October 1917, and the satisfaction of the decree was entered on 16th November 1917, and that the District Munsif s Court had no jurisdiction after this lapse of time to entertain an application of this kind to rectify an error or an alleged error supposed to have been committed by the Court in the disposal of the suit. The District Munsif has relied upon Deli Bakhsh Singh v. Habib Shah 19 Ind. Cas. 526 : 35 A. 331 : 17 C.W.N. 829 : 11 A.L.J. 625 : 18 C.L.J. 9 : 15 Bom. L.R. 640 : 14 M.L.T. 33 : (1913) M.W.N. 566 : 25 M.L.J. 148 : 16 O.C. 194 : 40 I.A. 151 (P.C.) which is a distinct authority for the position that the Court has got inherent power to correct any mistake it has made. The Privy Council observed at page 337 Page of 35A.--[Ed.]. "quite apart from Section 151, any Court might lightly have considered itself to possess ,an inherent power to rectify the mistake which had been inadvertently made." Relying upon this decision, the District Munsif has upset he decree against the minors and the subsequent execution proceedings including he sale.
Madras High Court Cites 3 - Cited by 2 - Full Document
1   2 3 4 5 6 7 Next