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Ganga Dhar-baij Nath Vs. Bombay-baroda and Central India Railway - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in92Ind.Cas.522
AppellantGanga Dhar-baij Nath
RespondentBombay-baroda and Central India Railway
Cases ReferredMunna Lal v. Radha Kishan
Excerpt:
provincial small cause courts act (ix of 1887), section 17 - ex parto decree, application to set aside--tender of decretal amount--deposit made after expiry of limitation--substantial compliance. - .....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. 1 agree with the court below that this was a substantial compliance with the provisions of section 17. the applicant did every thing that was possible for him to deposit the money at the time of presenting the application, and it was only.....
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. 1 agree with the Court below that this was a substantial compliance with the provisions of Section 17. The applicant did every thing 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 30 Ind. Cas. 186 : 13 A.L.J. 793 : 37 A. 591 relied on by the Court below is applicable. 1 accordingly dismiss the revision but without costs as the respondent is unrepresented.


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