The All India Reporter 1921 - Lower Burma Section Containing Full Reports of All Reportable Judgments of the Lower Burma Chief Court Reported In (1) 11 Lower Burma Rulings (2) 22 Criminal Law Journal (3) 59 To 63 Indian Cases with Extra Judgments Citation: A.I.R. 1921 Lower Burma

The Court framed one issue only, with consent, namely, whether the elephant suit belongs to the plabhiff or not ?" The evidence was led on the question of identi- fication of the elephant as the one which the plaintiff hadipnrohased, and both Courts have held that the plaintiff has succeeded in proving that the elephant caught by the defendant was the, same as the elephant purchased by thir The ap [...] '0, The point should have been raised by the defendant in the Original 030 and it could not be raised in the second appeal to the detriment of the plaintiff, who had no opportunity of calling evidence having a bearing on the point. [...] In the ease where the wife Is a spinster but the husband had been previously married, where the husband brings payin to the marriage and the wife nothing and where they separate on divorce by mutual ()cement without any fault on either side the rule to be wiled is the rule laid down for the case where neither party had been married before and separate by mutual consent without fault, and where the [...] In my opinion the feet that the husband in this ease has been guilty of no matri- monial fault is not a sufficient reason for depriving the wife of all share in the payin, especially considering the circumstances of the ease and the conduct of the husband. [...] For the above reasons I would hold that in the owe where the wife is a spinster but the husband had been previously married, where the husband brings payin to the marriage and the wile nothing, the rule to be applied is the rule laid down for the ease where neither party had been married before and separates by mutual consent without fault, and wh%re the rela- tion of nissaya and nissita exists, a