DODRAJ Vs. MUSAMMAT NATHO

JUDGEMENT

(1.) The lower Appellate Court has found upon evidence that Musammat Natho was the dharona wife of Chet Ram and his heir. This Hading is attacked in appeal. The contention is that the lower Appellate Court has erred in law in setting aside a finding returned by a lower Court when no objections had been taken in respect of it.

(2.) The lower Appellate Court bad sent back to the Court of first instance this issue: Is the plaintiff the widow of Chet Ram? If it is found that her statement is true, there should also be a finding whether the dharona form is a valid form of marriage?

(3.) The Court of first instance found that Musammat Natho was not the widow of Chet Ram. It does not appear why it went on to consider the second of the issues returned to it, but it did, and it found that dharona was a prevalent form of marriage among Hindus.