Q. What are the equivalent citations for Nathuram Shivanarayan vs Dhularam Hakiram Marwadi ?

The equivalence citation are1920 (22) BOMLR 1199 ; 59 IND. CAS. 267 ; AIR 1921 BOM 407 ; LQ/BomHC/1920/95 ;

Nathuram Shivanarayan Vs. Dhularam Hakiram Marwadi On 22 June, 1920

Q: Q. What was the bench assigned for the case Nathuram Shivanarayan vs Dhularam Hakiram Marwadi?

HONBLE CHIEF JUSTICE MR. NORMAN MACLEOD , HONBLE MR. JUSTICE FAWCETT

Open iDraf

Nathuram Shivanarayan v. Dhularam Hakiram Marwadi

Nathuram Shivanarayan
v.
Dhularam Hakiram Marwadi

(High Court Of Judicature At Bombay)

Civil Extraordinary Application No. 11 Of 1920 | 22-06-1920

Fawcett, J

[1] I concur. As regards the powers of interference vested in the High Court under Section 25 of the Provincial Small Cause Courts Act, I may add that a similar view has been taken by the Judicial Commissioner s Court in Sind in Rupchand v. Minhomal (1914) 8 Sind L.R. 164 At the same time I think that interference in regard to appreciation of evidence should in general only be exercised when there appears to the Court to be a very clear case of; misappreciation, which has resulted in. injustice to a party and makes the decree one that cannot be regarded by a revisional Court as "according to law."

[2] In the present case the weight of the evidence as it stands was immensely in favour of the plaintiff, and is met only by an uncorroborated assertion that defendant had actually paid the money. Had the learned Subordinate Judge not considered that the plaintiff ought to have acted in a certain way for which there was certainly no obligation on the plaintiff, I do not imagine that he would have come to the conclusion that he did. viz., that the account books were unreliable. In my opinion the circumstances do not show that the evidence given for the plaintiff should not have been accepted. I, therefore, concur in the order proposed.