 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1867 - 680 페이지
...arises under this instrument, and I plead and rely upon it as amounting to a valid devise in my favour. When a Plaintiff claims an estate, and the Defendant,...; but instead of doing so when his suit came on to bo heard and decided in the Court of final appeal, he in effect disclaimed all title under the instrument... | |
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1878 - 268 페이지
...Moore's Indian Appeals, p. '73, it is said, in _ ^OORGA the judgment pronounced by Lord Wesfbury, " When a Plaintiff ». claims an estate, and the Defendant being in possession resists DOOROA that claim, he is bound to resist it upon all the grounds that it is KoKWABIpossible for him... | |
 | India. High Court (Kolkata, India) - 1879 - 674 페이지
...a plaintiff claims an estate, and tlw defendant being in possession resists that claim, he is bouuc to resist it upon all the grounds that it is possible for 1878 him according to his knowledge then to bring forward." TEKAIT If the defendant did not resist... | |
 | Joseph Vere Woodman - 1888 - 906 페이지
...236. Party raiting only one defence, having other •». — Civil Procedure Code, 1859, s. 2. — When a plaintiff claims an estate, and the defendant, being in possession, and knowing that he has two grounds of defence raises only one, he shall not, in the event of the plaintiff... | |
 | David Sutherland - 1892 - 732 페이지
...under this instru" ment, and I plead and rely upon it as "amounting to a valid devise in my favour.' "When a plaintiff claims an estate, and the " defendant,..."on the validity of the alleged will, but "instead oí doing so when his suit came on "to be heard and decided in the Court of ''final appeal, he, in... | |
 | India, James O'Kinealy - 1893 - 896 페이지
...Committee cited Lord Westbury's dictum in Srimut Raja vs. Katama Nachiar, 11 Moore at p. 73 :— " When a plaintiff claims an estate, and the defendant...according to his knowledge then to bring forward, " and relied on the principle laid down in Gregory vs. Molesworth, 3 Atkyns, 6'26, namely, that "where... | |
 | 1904 - 624 페이지
...when a plaintiff claims an estate and the defendant, Ix'ing in " possession, resists that claim, ho is bound to resist it upon all "the grounds that it is possible for him, according to hia ;' knowledge, then to bring forward" (tirimut liajali v. Katama Natchiar (l) at page 73). Here... | |
 | India, Dinshah Fardunji Mulla - 1907 - 758 페이지
...of survivorship as a ground of defence in the former suit. "When a plaintiff claims an estate, and defendant, being in possession, resists that claim,...the grounds that it is possible for him according tohis knowledge then to bring forward " Srimut Rajah v. Katama Natchiar, 11 MIA 50, with the order... | |
 | Arthur Caspersz - 1909 - 834 페이지
...arises under this instrument, and I plead and rely upon it as amounting to a valid devise in my favour.' When a plaintiff claims an estate, and the defendant,...the alleged will ; but, instead of doing so when his nuit came on to be heard and decided in the court of final appeal, he in effect disclaimed all title... | |
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When a plaintiff claims an estate and the defendant, being in possession, resists that claim, he is bound to resist it upon all the grounds that it is possible for him according to his knowledge then to bring forward. 
