The Oudh Cases. Containing Cases Decided By the Court of the Judicial Commissioner of Oudh ..
The Oudh Cases. Containing Cases Decided By the Court of the Judicial Commissioner of Oudh ..
Oudh. Court of Judicial Commissioner. [from Old Catalog]
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Mnsammat Sakina Begam anti others r. Lala Inder Perahad and others. differ from the general conclnsion arrived at by the High Court that '' thoagh the mortgage-bond is stated to have been read out to the lady, there is no evidence that it was in any way explained to her, and that she really understood the conditions and effect thereof." Later in their judgment their Lordships qnote the passage from the judgment in the case of SudisM Lai v. Sheobart Koer which I have set out above and say, " Fro...m the preceding observations it is clear that there is a want of satisfactory evidence of that kind in the present case." - . Both these cases seem to support the view that if a parda^' nashin woman is sued upon a bond the ei:ecution of which she denied it is not sufficient for the plaintiff to prove only that she set her hand to the document. It was urged by the learned advocate for the plaintiffs that to hold that a plaintiff must in every such case prove that the pardanashin understood the deed upon which she is sued is equivalent to allowing her to put forward inconsistent pleas namely tiiat she did not sign the deed and that if she did she did not understand it.
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