THAKUR SHEOKARAN SINGH Vs. DAULATRAM

JUDGEMENT

(1.) THE following question has been referred to this Full Bench for reply; - "whether the rule of Damdupat as recognised by Hindu Law, in the absence of any statute, is of binding force and/or can be given effect to in this State?"

(2.) WE may briefly refer to the circumstances in which this question has arisen. A suit was filed by Daulatram and others against Thakur Sheokaransingh for recovery of a sum of Rs. 18,500/ -. In that connection, the question arose whether the plaintiffs were entitled to the amount that they claimed in the face of the principle of Damdupat which was aside to be in force in the former State of Marwar. The question came up before a Division Bench of this Court which has made this reference to a Full Bench, as the point is of considerable importance and is likely to arise in many cases, and it was thought desirable that the law should be laid down authoritatively.

(3.) IN Poona vs. Moola (3) it was held that according to the principle of Damdupat the plaintiff could not claim a larger sum on account of interest than the principal.