RAM KRISHNA MURAJI Vs. RATAN CHAND

JUDGEMENT

(1.) This is an appeal by the defendant idol through its manager, Ram Lal, against a decree of the High Court of Judicature at Allahabad, dated 2 April, 1928, which reversed a decree, dated 31 January 1924 of the Subordinate Judge of Cawnpore.

(2.) The suit was brought by Ratan Chand, a minor, under the guardianship of his mother, against the said defendant idol, and one Gulab Chand, for a declaration that a preliminary decree, dated 26 July 1922 (and the final decree, if any), in Suit No. 57 of 1922, in the Court of the First Subordinate Judge of Cawnpore, and decided by the Second Subordinate Jndge of the said Court, is invalid, null and void and ineffectual against the plaintiff, and that the property in dispute, viz,, a house in the city of Cawnpore, the subject-matter of a mortgage dated 5 December 1920, is not saleable in execution of the said decree. Gulab Chand did not defend the suit; the defendant idol filed a written statement and contested the plaintiff's claim.

(3.) The Subordinate Judge, on 31 January 1924, made a decree dismissing the plaintiff's claim with costs, and directed that the defendant idol should get his costs from the plaintiff. The minor plaintiff, Ratan Chand, appealed against that decree to the High Court of Judicature at Allahabad which, on 2 April, 1928, allowed the appeal, directed that the said decree of the Subordinate Judge should be set aside, and made a declaration that the said preliminary decree, made on 26 July 1922, as well as the final decree, if any was invalid, void and ineffectual as against the plaintiff and that the said property was not saleable in execution of the said decree. It is against that decree of the High Court that the idol, through his manager, has appealed to His Majesty in Council.