AIR 1929 ALLAHABAD 680

Allahabad High Court

Hon'ble Judge(s): Banerji, King , JJ

(A) Evidence Act (1 of 1872) , S.66— Pardanashin woman living with her brother - Summons served on brother constitutes notice such as is required by S. 66. Where a pardanashin woman is living with her brother, service of summons on him instead of the woman herself would constitute such notice as is required by S. 66 and if that brother is expressly named in the summons as the person upon whom it might be served, it is only a technical irregularity. *(B) Evidence Act (1 of 1872) , S.66 Proviso(2)— Pro forma defendant is not necessarily "adverse party." It is doubtful if a pro forma defendant who is not interested in suit property or in the decision of the case is not an "adverse party" within the meaning of Proviso (2). (C) Transfer of Property (Validating) Act (3 of 1917) , — Attesting witness need not see executant sign it provided executant person ally acknowledges his signature to him. Since the passing of the Transfer of Property (Validating) Act, 1917, a witness who purports to attest a mortgage instrument need not see executant sign it, provided he receives from the executant personal acknowledgment of his signature ....