1931 (10) TMI 19

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....delay in making the application under Order 22, Rules 4 and 9. The appellant is the widow of Mr. Jagat Ram Khosla, Barrister-at-law, who had been practising at Lyallpur and who died sonless in May 1921. It is not denied that she is a pardanashin lady and it appears that she had given up residence at Lyallpur and had been living at Lahore for some years. Shiv Ram, respondent, was a reader in a Magistrate's Court at Lyallpur but, for some reason or other, he had gone to Karachi where he died in October 1929. There is no reliable evidence to show that the death of Shiv Ram was known at Lahore or to Mt. Durga Devi personally. The affidavits field by Mt. Lachhmi and Mt. Thakar Devi are not in proper form and cannot be received in evidence. I....

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....a in February 1920; that the goods were shipped from America on 28th December 1920 and arrived at Lyallpur in July 1921 but in the meantime Mr. Khosla had died in May 1921. The plaintiff stated that on the arrival of the goods he offered delivery to the defendant as the heir and legal representative of Mr. Khosla but that she refused to accept it. The plaintiff accordingly sued her in December 1922 for recovery of Rs. 2,124 being the unpaid portion of the purchase-price, and expenses together with interest thereon. The suit was dismissed by the trial Court, but a decree for Rs. 1,020 has been passed by the learned District Judge, he having disallowed the claim for interest and given the plaintiff credit for two sums of Rs. 592 and Rs. 80 fo....