KOKA MAHTON Vs. MANKI JAGAR NATH SAHI
MANKI JAGAR NATH SAHI
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Rampini and Wilkins, JJ -
(1.) This is an appeal against an order of the Judicial Commissioner of Chota Nagpore, dated the 28 April 1898.
(2.) The suit is one in which the plaintiffs seek to enforce a mortgage bond, dated 8 June 1884, and the defendant pleads that under Section 3, Clause (c), of Act VI of 1876 (the Chota Nagpore Encumbered Estates Act) he could not contract, and so the bond is null and void. Both Courts have found that the defendant duly received the consideration-money of this bond.
(3.) The Subordinate Judge held that the bond was valid, while the Judicial Commissioner has allowed the defendant's plea as to his incapacity to contract, and has dismissed the suit.;
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