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Radha Rawan Vs. Tula Ram - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in17Ind.Cas.647
AppellantRadha Rawan
RespondentTula Ram
Excerpt:
civil procedure code (act v of 1908), order xxiii, rule 1 - application for leave to withdraw suit with liberty to bring fresh suit--defective judgment--high court's power to set aside order--revision--practice. - - 1. there is nothing in the judgment of the court below to show that that court was satisfied that the suit must fail by reason of some formal defect.1. there is nothing in the judgment of the court below to show that that court was satisfied that the suit must fail by reason of some formal defect. it was not shown to us that there was any formal defect or that there was any other sufficient cause. we have, therefore, no alternative but to set aside the order of the court below and order that the case be returned to that court with directions that it be restored to the file of pending suits and disposed of according to law. the costs of this application will be borne by the respondent.
Judgment:

1. There is nothing in the judgment of the Court below to show that that Court was satisfied that the suit must fail by reason of some formal defect. It was not shown to us that there was any formal defect or that there was any other sufficient cause. We have, therefore, no alternative but to set aside the order of the Court below and order that the case be returned to that Court with directions that it be restored to the file of pending suits and disposed of according to law. The costs of this application will be borne by the respondent.


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