NARAYAN SADASHIV Vs. NIMBA HARI SHIMPI

JUDGEMENT

(1.) HAVING regard to the decision in Mackintosh V/s. Gill (1873) 12 B.L.R. 37 and Anderson V/s. Kalagarla (1885) I.L.R. 12 Cal 339 and in particular to what is said at pages 342 and 347 of the latter case, we think it clear that the defendant has, in Section 43 of the Civil Procedure Code a complete answer to the plaintiff's claim.

(2.) THE rule must, therefore, be made absolute with costs, and the suit will be dismissed with costs throughout.