Research › Browse › Judgment

Calcutta High Court · body

1919 DIGILAW 431 (CAL)

Fanindra Nath Roy v. Dwarka Nath Roy

1919-08-13

body1919
JUDGMENT 1. No ground has been made cut for reversing the decision of Mr. Justice Chitty. It seems from the date which appears on the vakalatnama that the document must have been executed by the lady at a time when the vakalatnama was blank. Further, there is the fact that the vakalatnama itself does not give any authority to refer the case to arbitration, and thirdly, though objection was not taken specifically on the first occasion after the reference as was done on the second occasion, that may again be considered with reference to the fact that it is only the second statement of the Defendant made after the reference which was verified by her in Benares. It is not then established that there was any authority to refer the matter to arbitration. The appeal must, therefore, be dismissed with costs.