DEC 24 1918

INDEX

ΤΟ

CIVIL JUDGMENTS,

1871.

The references are to the Nos. given to the cases in the "Record."

A.

Absentees-Right of their sons to restoration of their land:-In the Ikrar khewut
certain shares were recorded to be in the possession of J. K. and
others, on condition that the shares should be restored to the
absentee or fugitive proprietors on their return to the village,
provided such proprietors made good to the holders any loss
sustained by them during the absence of the proprietors. The
defendant purchased the shares from J. K. and the other share-
holders. About 14 years after this purchase, the sons of the
absentee proprietors returned to the village and claimed their
fathers' shares from the defendant. Held that the sons were
entitled under the "Ikrar khewut" to possession of the shares,
Thirty years' absence -Trust-Limitation:-Where the wajib-ul-urz
provided that absentee proprietors should on their return receive
their proper shares from the holders, without regard to any profit
or loss to such holders, held that the holders took in trust the
shares of the absentees, and that the claim of a proprietor after
thirty years' absence was not barred by limitation,
Settlement Record - Provision to restore land to absentees--Suit by
absentees' representative-Limitation:-It was recorded at settle-
ment twenty years before suit, that on the return of A., an absentee,
he should receive back possession of his land. A. died upwards
of twelve years before suit, without having returned to the village,
and his sons died after him without having made any claim to
the land. A month or so after the death of the last surviving
son, the plaintiffs, the distant kindred of A., sued for the land.

...

...

Held that it did not follow from the defendants' agreement
to restore the land to A., that the plaintiff's' suit was maintainable
even if A's sons could have claimed the land under the agreement,
and that the twelve years limitation had run against the plaintiffs,
Acts. Act XVIII of 1850-Protection to Judicial Officers :-Held per BoULNOIS,
J. (LINDSAY, J., concurring) that if a Magistrate honestly, though
mistakenly, believes that a case is presented to him which calls
for a decision, and which he has jurisdiction to entertain, and
does not act in mere abuse of his office, he is protected by Act

No.

4

5

40

The references are to the Nos. given to the cases in the "Record."

XVIII of 1850. The grounds of his belief may be inquired into;
but if it is found that he in fact believed in his jurisdiction bonâ
fide, irregularities and illegalities in the exercise of it will not
deprive him of the protection of the Act.

Per CAMPBELL, J.-If the Court in which a suit against a
Magistrate is filed, finds that the defendant in good faith (that is,
after proper care and consideration) believed he had jurisdiction
to do the act complained of, the suit must be at once dismissed,
and no further inquiry can be made as to whether the defendant's
proceedings showed irregularity or want of judgment, &c.,
Acts.-Act VIII of 1859, Section 2.-See Res Judicata,

Act VIII of 1859, Section 53.—Substituted service-Discretion of
Court-Male member of family commencing residence in defendant's
absence:-Defendant left his home at Umritsur for the lower
provinces upon an itinerant expedition, to dispose of a consign-
ment of goods. He left no agent empowered to accept service of
the summons. After his departure from home, his brother (an
adult) took up his residence with defendant's family. Held that
the Court might serve the summons upon the defendant's brother
under Section 53 Civil Procedure Code; but that it was altogether
at the discretion of the Court to dispense with personal service,
Act VIII of 1859, Section 62.-Substituted service-Suit against
Military Officer on furlough-Limitation.-See Limitation,
Act VIII of 1859, Section 204.-Execution against surety:--A decree
cannot be executed against a person who, after the decree is passed,
becomes surety for the performance of it,.
Act VIII of 1859, Section 206.--Execution-Adjustment certified to
Court:-Kishen Chund was liable as surety for the payment of the
amount of a certain money decree. The judgment-creditor gave
Kishen Chund out of Court a receipt for Rupees 1,150, stating in
the receipt that the matter was settled as far as Kishen Chund
was concerned. Subsequently the judgment-creditor applied for
execution against Kishen Chund for the full amount of the decree,
Rs. 1,350. Kishen Chund produced the receipt in Court with a
view to stay execution, and the judgment-creditor, on being ques-
tioned, admitted that he had signed the receipt, but urged that he
had done so because Kishen Chund threatened to become bank-
rupt. The Court disallowed execution against Kishen Chund. On
the appeal the judgment-creditor again contended that the receipt
was given under duress, and further that as the adjustment was
made out of Court, he should still be allowed to execute the decree
against Kishen Chund. Held that the adjustment was virtually
certified to the Court under Section 206, and that the order of the
Lower Court was correct,

...

Act VIII of 1859, Sections 206, 208-Execution-Payment without
notice :-A. and B. obtained a joint decree against C., in which
A's interest was Rs. 2,787-2-7 and B's. Rs. 471. A. assigned his
interest in the decree to B., and under Section 208, Civil Procedure
Code, the Court ordered execution against C. in favor of B. solely.
Subsequently 4. petitioned the Court to cancel the assignment,

No.

58

48

27

41

62

32

The references are to the Nos. given to the cases in the "Record."

and allow him (A.) to be again recognized as one of the decree-
holders; the Court assented, and passed an order accordingly.
B. obtained an injunction to restrain C. from paying A., and also
appealed from the order cancelling the assignment. This order
was reversed on appeal, the decree being held to be B's solely;
but in the meantime, and before the injunction was served on C.,
A. received the amount of the decree from C. Held that B. could
not execute the decree against C.,

Acts.-Act VIII of 1859, Sections 273, 275-Effect of, on Bankruptcy
Law:-These sections have not superseded the Bankruptcy Law
as contained in the Punjab Civil Code,

No.

29

37

Act VIII of 1859, Sections 276, 365-Execution-Imprisonment-
Appeal:-An appeal does not lie from an order of imprisonment
in execution of a decree,

...

Aet VIII of 1859, Section 346-Appellant absent-Appeal decided
on merits Special appeal.-See Appeal, ...

Act VIII of 1859, Section 347-Re-admission of appeal-Appeal
from order refusing -See Appeal,

Act VIII of 1859, Section 350-Jurisdiction-Objection on appeal.
See Appeal,

...

22

36

23

54

25

Act VIII of 1859, Section 351-Remand.-See Settlement Record, .
Act VIII of 1859, Section 372-Order of Appellate Court ex parte
against Respondent.-See Appeal,

Act VIII of 1859, Section 377-Review granted after 90 days-
Reasonable cause.- -See Review of Judgment,

--

Act XIV of 1859.-See Limitation.

Act XXVII of 1860-Appeal.--See Appeal,

...

Act XXIII of 1861, Section 37-Ex parte order against Respondent.-
See Appeal,

Act XX of 1863, Section 22-Religious endowments--Power of
Court to appoint "Imam ":-Under Act XX of 1863, a Court
can declare the right of a particular person to appoint the imam
of a mosque, but cannot itself nominate the imam or declare any
given nomination to be right,

Act XI of 1865.-See Small Cause Courts.
Acts XIX and XXVII of 1865-Review of Financial Commissioner's
order by Chief Court.-See Review of Judgment,
Act X of 1865.-See Succession Act.

...

Act XX of 1866, Section 48-Oral agreement with possession—
Subsequent registered instrument:-An oral mortgage, followed
by or accompanied with possession, prevails against a subsequent
registered mortgage,

Act XXI of 1866-Jurisdiction-" Principal Civil Court of Original
Jurisdiction":-The " Principal Civil Court of Original Jurisdic-
tion of the District," within the meaning of Section 6 of the Native
Convert's Marriage Dissolution Act ( i. e., Act XXI of 1866 ), is
the Court of the Deputy Commissioner,

Act VII of 1868, Section 5-Second appeal-What amounts to
receiving. See Appeal,