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Thakur Prasad and ors. Vs. Sheoram Tiwari - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1908)ILR30All136
AppellantThakur Prasad and ors.
RespondentSheoram Tiwari
Cases ReferredParam Shook Doss v. Rasheed Ood Dowlah
Excerpt:
civil procedure code, section 578 - procedure--irregularity--disposal of a suit on a sunday. - john stanley, c.j. and william burkitt, j.1. we are of opinion that the proceeding of the munsif was not vitiated by the fact that it was taken on a sunday. at the utmost it seems to us that the proceedings may have been irregular, but that any irregularity was cured by the consent of the parties. it is not necessary for us to determine whether the lord's day act applies to this country, but we should be slow to hold that it did, as it would be manifestly inconvenient to do so, the act being entirely unsuited to the circumstances of the country. we may mention that in the case of param shook doss v. rasheed ood dowlah (1874) 7 mad. h.c. rep. 285 it was held that it had no application in this country. we dismiss the appeal with costs.
Judgment:

John Stanley, C.J. and William Burkitt, J.

1. We are of opinion that the proceeding of the Munsif was not vitiated by the fact that it was taken on a Sunday. At the utmost it seems to us that the proceedings may have been irregular, but that any irregularity was cured by the consent of the parties. It is not necessary for us to determine whether the Lord's Day Act applies to this country, but we should be slow to hold that it did, as it would be manifestly inconvenient to do so, the Act being entirely unsuited to the circumstances of the country. We may mention that in the case of Param Shook Doss v. Rasheed Ood Dowlah (1874) 7 Mad. H.C. Rep. 285 it was held that it had no application in this country. We dismiss the appeal with costs.


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