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Gangashankar Prabhashankar Vs. Badhar Madhbhai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Reference No. 4 of 1908
Judge
Reported in(1908)10BOMLR1163
AppellantGangashankar Prabhashankar
RespondentBadhar Madhbhai
Excerpt:
dekkhan agriculturist's relief act (xvii of 1879), section 7-defendant, sum-moned for examination-payment of batta.;where an agriculturist-defendant is summoned to be examined under section 7 of the dekkhan agriculturists belief act, 1879, it is not necessary to pay batta to him. - - - (1) whether it is necessary to pay batta to any agriculturist defendant summoned to be examined under section 7 of the dekkhan agriculturists' relief act ? (2) if it is, whether the same is payable by the plaintiff and whether the suit is liable to be dismissed on failure to pay it ? 2. we answer both questions in the negative.basil scott, c.j.1. the two questions referred for our opinion are:-(1) whether it is necessary to pay batta to any agriculturist defendant summoned to be examined under section 7 of the dekkhan agriculturists' relief act ?(2) if it is, whether the same is payable by the plaintiff and whether the suit is liable to be dismissed on failure to pay it ?2. we answer both questions in the negative.
Judgment:

Basil Scott, C.J.

1. The two questions referred for our opinion are:-

(1) Whether it is necessary to pay batta to any agriculturist defendant summoned to be examined under Section 7 of the Dekkhan Agriculturists' Relief Act ?

(2) If it is, whether the same is payable by the plaintiff and whether the suit is liable to be dismissed on failure to pay it ?

2. We answer both questions in the negative.


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