PRIVY COUNCIL

(from Bombay)

Before:-Lord Shaw, Sir George Farwell, Sir John Edge And Mr. Ameer Ali.

D/d. 19.1.1915.

Shivalingappa Basappa Shintre, Plaintiff - Appellant

Versus

Revappa and others, Defendants - Respondents.

For the Appellant :- Robert Finlay and Arthur Gray, Advocates.

For the Respondent :- DeGruyther and Lowndes, Advocates.

Solicitors for Appellant :- Ranken, Ford, Ford and Chester.

Solicitors for Respondents, T.L. Wilson and Co.

Civil Procedure Code 1908, Order 41, Rule 27

JUDGMENT

Lord Shaw :- Their Lordships do not think it necessary to call upon the respondents.

2. As to the application for the reception of new evidence in this case, their Lordships are clearly of opinion that the rejection of that application was correct. The application itself was made after a final judgment in a suit which had already lasted for a period of over three years. It is enough to say that no sufficient reasons appears from the affidavits themselves to show why the proposed new evidence was not timeously submitted.

3. Upon the merits of the appeal, having considered the judgments in the Courts below, their Lordships are of opinion that that of the First Class Subordinate Judge of Belgaum cannot be supported. They agree with the judgment of the High Court, which appears to state correctly not only the presumptions arising from the history of the family, but also to appraise properly the documents and transactions, and particularly the releases themselves. These releases are not proved to be forgeries. On the contrary their Lordships agree with the High Court in holding that the attack upon their genuineness rest purely upon conjecture. This being so, their Lordships will humbly advise His Majesty that the appeal should be dismissed. The appellant will pay the costs, including the costs of the application to postpone the hearing.

Appeal dismissed.