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1 - 5 of 5 (0.18 seconds)Article 28 in Constitution of India [Constitution]
Section 43 in The Indian Succession Act, 1925 [Entire Act]
The Indian Succession Act, 1925
Maharaj Protap Udai Narain Shahu Deo vs Thakur Madan Mohan Nath Shahu on 1 September, 1910
622 and Tika Shahu v. Chirkat Shahu (1915) 19 C.W.N. 614. In this case the defendant does set up a will and the will has been found to be genuine. But the respondent's vakil says that should not ba considered, but only the plaint should be considered, and that the second appeal should be held to be incompetent. I am unable to accept this contention. On the pleadings it is quite clear that the defendant did put forward the will and it has been found to be genuine, and he relies upon the will for defeating the plaintiff's claim to the property. That being so, this is not a ease which is cognizable by a. Court of Small Causes. Therefore, a second appeal lies.
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