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1904 DIGILAW 74 (ALL)

Kali Charan v. Ruchi

1904-05-11

AIKMAN, KNOX

body1904
JUDGMENT : Knox, J. The learned Vakil for the respondents relies upon the case of Rani Anand Kunwar v. The Court of Wards, [1881] L.R., 8, I.A., 14. In that case their Lordships of the Privy Council say that a suit of this nature must, as a general rule, be brought by the presumptive reversionary heir, that is to say, by the persons who would succeed, if the widow were to die at that moment; they admit, however, that there are exceptions to the general rule and give instances in which a more distant reversionary may maintain a suit. 2. Those instances are not, we consider, exhaustive. The present case, in which the daughter has been disappearing and her whereabouts are not known, is a case which we think, may well be treated as an exception to the general rule. We allow the appeal, and setting aside the decree of the Court below, remand the case under section 562 of the Code of Civil Procedure to the Court of the District Judge, with directions to re-admit the appeal under its original number and dispose of it on the merits. Costs here and hitherto will abide the event.