SUKUMARI BEWA, MINOR BY HER FATHER AND GUARDIAN CHEMA MALIA Vs. ANANTA MALIA
LAWS(PVC)-1900-7-27
PRIVY COUNCIL
Decided on July 31,1900

SUKUMARI BEWA, MINOR BY HER FATHER AND GUARDIAN CHEMA MALIA Appellant
VERSUS
ANANTA MALIA Respondents

JUDGEMENT

- (1.) The suit out of which this appeal arises was one brought by a widow to recover possession of the property of her deceased husband, held by a person who claimed to be her husband's adopted son. The plaintiff did not appear on the day fixed for the hearing of the case and no witnesses were produced on her behalf. The Munsif, therefore, proceeded to take the evidence of the defendants witnesses, and upon the evidence he found that the adoption had not been proved.
(2.) On appeal to the District Judge, that officer held that the adoption had been proved, and he, therefore, dismissed the suit.
(3.) Now the plaintiff has appealed to this Court, and on her behalf two grounds have been taken: First, that the Court below has erred in law in holding that adoption by a leper is valid; and secondly, that the Lower Appellate Court was wrong in not remanding the case to give the plaintiff an opportunity of examining her witnesses.;


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