SRIMATI RANI HURRIPRIA Vs. RUKMINI DEBI

JUDGEMENT

(1.) ON the 5th of January, 1871, Rajah Koer Narain Roy died without male issue, leaving a widow, the Appellant Hurripria, who is Defendant in this suit, and two daughters, one of whom is Rukmini, the Respondent and Plaintiff in the suit. Hurripria, therefore, is his heir, and the two daughters are the reversionary heirs apparent.

(2.) ON the 23rd of April, 1882, the Defendant adopted a son to her husband, alleging that she had authority to do so by virtue of an anumati-patra, or power, executed by the Rajah on the 4th of January, 1871.

(3.) THE original document said to have been executed by the Rajah is not forthcoming. The Defendant sought to prove that it had been lost, and tendered what she alleged to be a copy. The Subordinate Judge considered that there had not been any such amount of search for the original as would justify the Court in admitting a copy, and therefore, there being no evidence of the power, he gave the Plaintiff a decree.