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Musthan Rowthar Vs. Natharsa Rowthar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1908)18MLJ541a
AppellantMusthan Rowthar
RespondentNatharsa Rowthar
Excerpt:
- wallis, j.1. the district munsif adjourned the case under section 156 of the civil procedure code, and under the same section ordered the defendant to pay the costs of the adjournment. the fact that the defendant did not pay the costs did not entitle the district munsif to give judgment for the plaintiff without hearing the evidence. the order of the adjournment passed by him was not conditional, and he has no jurisdiction under section 156 to pass an order conditional upon payment of costs such as is provided in section 373 of the civil procedure code. i set aside the decree, and direct the district munsif to restore the case to his file and dispose of it according to law. costs will abide.
Judgment:

Wallis, J.

1. The District Munsif adjourned the case under Section 156 of the Civil Procedure Code, and under the same section ordered the defendant to pay the costs of the adjournment. The fact that the defendant did not pay the costs did not entitle the District Munsif to give judgment for the plaintiff without hearing the evidence. The order of the adjournment passed by him was not conditional, and he has no jurisdiction under Section 156 to pass an order conditional upon payment of costs such as is provided in Section 373 of the Civil Procedure Code. I set aside the decree, and direct the District Munsif to restore the case to his file and dispose of it according to law. Costs will abide.


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