TMI Blog1892 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 the defendant No. 2 (Daud Rao), having filed a regular suit, obtained a decree for 14 annas share in the said village. He is in possession (of the said village) and lives jointly. But he is bound to repay the sum for which the deed has been executed. Defendant No. 2 has ratified the deed. Hence he is made a party to the suit. The plaint then stated that, the money due from the defendants was ₹ 4,000 on account of principal and ₹ 5,390 on account of interest, and prayed that the defendants should be ordered to pay ₹ 9,390, with interest from the institution of the suit, and in default of payment that the mortgage should he foreclosed and the plaintiff be put in possession of the village. The defence of Daud Rao was that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a bond executed by both defendants, in which the Deputy Commissioner says that in a bond for ₹ 42, which had been produced in Court, reference is made to two other documents, which reference is equivalent to an admission of liability. The bond thus referred to, which was executed by Daud Rao in favour of Siwan Ram, and is dated the 9th August 1872, contains the following passage: Besides this there are two separate deeds of previous dates; one is the mortgage deed of village, and the other is a bond. The money due under them is also duly repayable. Here it is to be observed that whether this is an admission by Daud Rao of liability under the mortgage depends upon the construction of these words, especially the word repayable. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deed was known to and accepted by defendant No. 2. A finding that the bond showed that the mortgage deed was accepted by the defendant as a binding obligation upon him would be an inference of law, an inference which, in their Lordships' opinion, is not a just one from the facts which the Commissioner held to be proved. The knowledge of the mortgage, and saying that the money due upon it was repayable, do not amount to an agreement by him to be bound by it. As the mortgage did not purport to be made in any way on behalf of Daud Rao, it was not a case for ratification. A new agreement or obligation was necessary to bind him. The judgment of the Commissioner then proceeds to say-- Lastly, there is the conduct of defendant 2 in allowing d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall lie to the High Court on any of the following grounds (namely)--(a) the decision being contrary to some specified law or usage having the force of law; (b) the decision having failed to determine some material issue of law or usage having the force of law; (c) a substantial error or defect in the procedure as prescribed by this Code or any other law, which may possibly have produced error or defect in the decision of the case upon the merits. Section 585 says that no second appeal shall lie except on the grounds mentioned in Section 584. The effect of these sections has been stated in several judgments of this Committee. It will be sufficient to refer to the last of them, Ramratan Sukal v. Nandu I.L.R. 19 Cal. 249 : L.R. 19 I.A. 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrary to some law or usage having the force of law. The meaning of law and usage there is clear, and there is no reason for thinking that the words were intended to have a different meaning in the Act of 1882 or in the Civil Procedure Code of 1877, where the word specified is first introduced. In the judgment of this Board in Durga Chowdhrani v. Jewahir Singh Chowdhri I.L.R. 18 Cal. 23 : L.R. 17 I.A. 122 it is said that specified in Sub-section (a) means specified in the memorandum or grounds of appeal; and their Lordships adhere to this opinion. 7. The Judicial Commissioner reversed the decree of the Commissioner as regards Daud Rao and his share, and made a decree against him for seven-eighths of ₹ 500 only (a debt of his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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