Raj Kumar Jagannath Prashad Singh vs Syed Abdullah on 18 March, 1918
6. Against this decree and judgment of the learned Subordinate Judge, a second appeal (S. A. No. 155 of 1945) was preferred in this Court and when it came on for disposal before Lakshmana Rao J. on 27-2-1946, the learned Judge held that the onus of proving the minority of the appellant (appellant in this second appeal also) on 1-7-1928 was on the respondent who asserted it, relying upon the decision in -- 'Jagannath Prasad Singh (Raja of Deo) v. Abdullah', AIR 1918 PC 35 at p. 33 (A) and that no evidence was adduced about it on his behalf, that the appellant was not even cross-examined on the point and that the dismissal of the suit on the ground that the appellant was a minor on 1-7-1928 could not be upheld. The learned Judge accordingly set aside the decree and judgment of the learned Subordinate Judge for disposal according to law on the other questions involved in the appeal and directed the respondent to pay costs to the appellant in this Court and in the. Court below.