MAULVI MUHAMMAD ABDUL MAJID Vs. MUHAMMAD ABDUL AZIZ

JUDGEMENT

(1.) THIS case exhibits as lamentable a waste of time and money in litigation as ever came under their Lordships' observation. An account which the plaintiff asked for in the year 1879, and to which her right was affirmed in the year 1880, has not even been commenced; the defendant having been allowed to delay it by objections to the formal regularity of the procedure. The question still is whether the respondents, who represent the original plaintiff, shall have the account taken. The High Court has decreed in their favour. The appellant, who was the original defendant, contends that their right has been extinguished.

(2.) IN May, 1879, Fatima Bibi, the mother of the respondents, filed her plaint against Abdul Majid, claiming possession of a share in her father's estate, and mesne profits for three years. She valued the profits at nearly a lae of rupees. The defendant denied the plaintiff's right to possession. He admitted her right to some profits, which he put at somewhat more than Rs.15,000. He paid that sum into court, whence it has been paid out to the plaintiff.

(3.) ON the other part of the case the Subordinate Judge made the following statement: As the question of mense profits was to have taken a very long time in the examination of jamabandi accounts of numerous villages, it was proposed by the parties that the Court should take up and decide other issues in the case. I should have been glad to decide the whole case together, and with that view I purposely delayed giving judgment on the issues on which I have taken down evidence and heard the arguments on both sides, but as I am leaving the district, I cannot, in fairness to both parties, any longer refuse to give judgment on the issues tried by me.