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Chunilal Sobharam Vs. Purbhudas Kursandas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1878)ILR2Bom560
AppellantChunilal Sobharam
RespondentPurbhudas Kursandas
Excerpt:
code of civil procedure (act x of 1877), sections 223 and 648 - arrest--courts of small causes. - 1. it is clear that section 648 does not apply to a case in which the defendant resides within the same district in which the court issuing a warrant is situate. 2. section 223 does not apply to courts of small causes.3. it follows that a court of small causes may issue a warrant for the arrest of a person residing in another district, but not if he resides within the same district in which the court is situate, but outside its local jurisdiction. this is an anomaly which appears to require the attention of the legislature.
Judgment:

1. It is clear that Section 648 does not apply to a case in which the defendant resides within the same district in which the Court issuing a warrant is situate.

2. Section 223 does not apply to Courts of Small Causes.

3. It follows that a Court of Small Causes may issue a warrant for the arrest of a person residing in another district, but not if he resides within the same district in which the Court is situate, but outside its local jurisdiction. This is an anomaly which appears to require the attention of the Legislature.


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