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1947 PLD 406

SARAN SINGH VS DWARKA NATH

Petitioner: SARAN SINGH VS Respondent: DWARKA NATHHonorable Justice Lord SimondsC. S. Rewcastle and P. V. Subba Row,W. W. K. Page and C. Bagram

Court: PRIVY-COUNCIL

Full Judgment Text & Judicial Ruling

P L D 1947 Privy Council 406

P L D 1947 Privy Council 406

Present : Lord Simonds Lord Uthwatt and Sir John Beaumont

SARAN SINGH-Appellant

Versus

DWARKA NATH and others-Respondents

Privy Council Appeal No. 16 of 1946, decided on 21st May 1947, from Peshawar.

Civil Procedure Code (V of 1908), S. 112-Concurrent find ing off acts-Appeal be dismissed.

There are concurrent findings of fact which, their Lordships consider, are a fatal obstacle to the success of this appeal.

C. S. Rewcastle and P. V. Subba Row, for Appellant.

Solicitors : Hy. S. L. Polak & Co.

W. W. K. Page and C. Bagram, for Respondents.

Solicitors : T. L. Wilson & Co.

JUDGMENT

LORD SIMONDS.-In this case counsel for the appellant has been constrained to admit that there are concurrent findings of fact which, their Lordships consider, are a fatal obstacle to the success of this appeal. There is also a question of limitation which their Lordships think may be equally fatal. In the circumstances their Lordships will humbly advise His Majesty that the appeal ought to be dismissed. The appellant will pay the costs of the respondents in this appeal.

K. M. A. Appeal dismissed.

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