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1913 DIGILAW 197 (ALL)

Umrao Begum v. Ahmad Ali Khan

1913-05-15

RAFIQ, TUDBALL

body1913
JUDGMENT : TUDBALL, J. The appellant is the wife of one Ahmad Ali, who has been adjudged an insolvent. Within two years of the application in the case, he had executed a deed of transfer in favour of his wife ostensibly for a sum of Rs. 25,000 due to her as her dower-debt. The receiver applied to have this transfer set aside and in course of that proceeding it was held by the court below, and by this Court on appeal, that the transfer was not one made in good faith and for consideration and that the dower-debt of Rs. 25,000 was not proved. The transfer was accordingly set aside. The wife has now applied to be entered in the schedule of creditors claiming a sum of Rs. 25,000, as her dower-debt. This has been contested by the receiver. The court below has held that it has been decided as between the parties that her dower-debt is not Rs. 25,000, and that she is not entitled to prove for any lesser sum. The applicant has come here on appeal and it is urged that though it may have been finally decided between the parties that the dower-debt was not Rs. 25,000, it cannot debar her from proving that it was a lesser sum. After considering the finding in the previous proceeding we think it is not open to the appellant to prove that her dower was Rs. 25,000, but she being the wife of the insolvent, it is open to her to prove the true amount due to her. She may find some difficulty in proving, but she must have an opportunity of showing what is due to her. We allow the appeal, set aside the order of the court below and direct that the District Judge do allow the appellant an opportunity of proving the amount actually due to her.