AHMADI BIBI Vs. MOHAMMAD MABOOD

JUDGEMENT

(1.) THIS is a plaintiff's second appeal in a suit for recovery of her dower which has been dismissed by the two courts below on the finding that it was barred by limitation.

(2.) THE undisputed facts are that the parties were married in Sept., 1951. THE amount of dower was Rs. 5,000 and one Asharfee. THE dispute centred round the day on which the marriage between the parties must be deemed to have been dissolved by divorce alleged to have been given by the defendant- respondent. THE question of limitation is linked with that.

(3.) LEARNED counsel for the plaintiff appellant urged that the judgement of this Court dated 16th April, 1968 in the proceedings under S.488 Cr. P.C. is inadmissible and the finding recorded therein that the plaintiff had been divorced by the defendant on 5th Dec., 1963 is not only incorrect but irrelevant. It was contended that the two courts below have thus acted illegally in relying on that judgement and holding that the plaintiff was divorced by the defendant on 5th Dec., 1963.