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    Nagina Rai v. Raghubar Singh And Others Opposite Party.

    1. This is an application by defendant 2 against a decree passed against him and defendant 1 for a sum of Rupees 48-12-0 on the basis of certain bahikhata account. The finding of the Court below is that the bahikhata account upon which the suit was based is a forgery, the figure “2” having been added to the admitted sum due of Rs. 48-120 thus altering it to Rs. 248-12-0. Upon this finding it is clear on the authority in 11 Pat 7821 that no decree can be passed even on the admitted sum due by the defendant. The result is that the application in revision is allowed and the suit of the plaintiff is dismissed so far as it concerns defendant 2. The decree will remain so far as defendant 1 is concerned because he has not come up in revision to this Court.

    2. The petitioner will be entitled to his costs in this Court and also to the proportionate costs of the trial Court. Hearing fee one gold mohur.

    K.B/R.K

    3. Application allowed.

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    Nagina Rai v. Raghubar Singh And Others Opposite Party.
    (Aug 30, 1937)