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Ram Saroop and anr. Vs. Khaderan Kohar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1927All608; 102Ind.Cas.523
AppellantRam Saroop and anr.
RespondentKhaderan Kohar
Excerpt:
provincial small cause courts act (ix of 1887), section 17 - application to set aside ex parte decree--tender of decretal amount--payment into treasury within three days--validity of tender--allahabad high court rules, chap. ii, rule 12. - - the decretal amount was actually put into the treasury on the 6th of december 1926. the learned judge in the court below accepted the payment as good. it is contended in this court that this payment was delayed and the learned judge was not justified in treating the payment as good. the tender was, therefore, a good tender and within the rules of the high court......in this particular case the 5th of december 1926 was a holiday, and the money having been paid into the treasury on the 6th of december, it was paid within three days. the tender was, therefore, a good tender and within the rules of the high court. the petition is dismissed, but without costs.
Judgment:

Mukerji, J.

1. This is an application to revise an order of the Munsif of Benares exercising the powers of. Judge, Small Cause Court. It seems that there was an ex parte decree against the opposite party (who has not appeared before this Court). He made an application for setting aside the ex-parte decree on the 3rd of December 1926. and with that application he made a tender of the decretal amount. The decretal amount was actually put into the treasury on the 6th of December 1926. The learned Judge in the Court below accepted the payment as good. It is contended in this Court that this payment was delayed and the learned Judge was not justified in treating the payment as good.

2. Under the rules framed by this Court, vide Rule 12, Chap. II of the General Rules and Form No. 43 the Treasury Officer is directed to receive a payment if made within three days of the tender. This is a very salutary rule and would be necessary for transaction of business. The office hours are not the same for the civil Court and the treasury and there may be intervening holidays. In this particular case the 5th of December 1926 was a holiday, and the money having been paid into the treasury on the 6th of December, it was paid within three days. The tender was, therefore, a good tender and within the rules of the High Court. The petition is dismissed, but without costs.


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