LAWS(PVC)-1916-2-180

MOHANLAL NAGJI Vs. BAI KASHI

Decided On February 02, 1916
MOHANLAL NAGJI Appellant
V/S
BAI KASHI Respondents

JUDGEMENT

(1.) This is an application for leave to appeal to the Privy Council, the applicant being the original plaintiff in the suit. The suit was filed for a declaration that the plaintiff was the adopted son of one Nagji Vithal and for an injunction restraining interference by the defendant:

(2.) The suit was originally instituted in the Court of the First Class Subordinate Judge at Broach. It so happened that he was the only Subordinate Judge then at Broach, and by him the suit was transferred for hearing to the Second Class Subordinate Judge. It was contended by Mr. Jayakar that as the trial before the Second Class Subordinate Judge was acquiesced in by the plaintiff, the result is the same as if the suit had been filed in the Court of the Second Class Subordinate Judge. That position has not been contested, and I will assume for the purposes of my judgment that this part of Mr. Jayakar s argument is unassailable.

(3.) The trial Court found in favour of the plaintiff, and that decree was confirmed on appeal by the learned District Judge. But in the appeal to the High Court, which was heard by my learned brother Shah and myself, we came to another conclusion, being satisfied that there had been the exercise of undue influence by the plaintiff. There fore we reversed the decision of the lower Court and dismissed the plaintiff s suit. From that decree the plaintiff now seeks to go in appeal to the Privy. Council.