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Ganga Dhar Baij Nath Vs. Bombay, Baroda and Central India Railway - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1926All602
AppellantGanga Dhar Baij Nath
RespondentBombay, Baroda and Central India Railway
Cases ReferredMunna Lal v. Radha Kishan
Excerpt:
- .....17 of that act in presenting an application to set aside an ex parte decree. the application was presented on the last day of limitation at about 3 o'clock. it would appear from the judgment of the court below that it was accompanied by a tender of the amount payable under section 17, but as no payments are passed by the treasury after 12 o'clock in the day the tender was not returned to the applicant or the money actually deposited in the treasury till the following day. i agree with the court below that this was a substantial compliance with the provisions of section 17. the applicant did everything that was possible for him to deposit the money at the time of presenting the application, and it was only owing to the particular rules in force of the local treasury that it could.....
Judgment:

Daniels, J.

1. This is a revision under Section 25 of the Provincial Small Cause Courts Act. The question raised is whether there was a sufficient compliance with Section 17 of that Act in presenting an application to set aside an ex parte decree. The application was presented on the last day of limitation at about 3 o'clock. It would appear from the judgment of the Court below that it was accompanied by a tender of the amount payable under Section 17, but as no payments are passed by the treasury after 12 o'clock in the day the tender was not returned to the applicant or the money actually deposited in the treasury till the following day. I agree with the Court below that this was a substantial compliance with the provisions of Section 17. The applicant did everything that was possible for him to deposit the money at the time of presenting the application, and it was only owing to the particular rules in force of the local treasury that it could not be deposited till next day. The principle of the ruling [Munna Lal v. Radha Kishan AIR 1915 All 414] relied on by the Court below is applicable. I accordingly dismiss the revision but without costs as the respondent is unrepresented. Revision dismissed.


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