DEBI DAYAL Vs. AMBIKA PRASAD

JUDGEMENT

(1.) We have come to the conclusion that we ought to issue notice in this case. The matter is of an exceptional character, and not free from difficulty; and we think it, therefore, desirable for the benefit of the parties to state broadly our grounds for issuing notice.

(2.) The application is made to this Bench, one of the Judges constituting which was a member of the Bench which decided the first appeal, the judgment in which it is now sought to review. The application is made on behalf of the plaintiffs to review a judgment of this Court, dismissing the first appeal so long ago as 17th June 1921. The main issue in both the Courts, which resulted in concurrent findings, was whether one Bhawani Prasad an ancestor of the defendants had survived a female ancestor, Sitala Kunwar, who admittedly died in 1906.

(3.) The ground upon which the application is made is the recent discovery, that is to say five years after the decision, of an alleged deed of gift, made by the father of the said Bhawani Prasad, which it is claimed conclusively shows that the said Bhawani Prasad not only predeceased Sitala Kunwar, but predeceased his own father, who died in 1896, and must have died about 1888.