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Akhoy Sardar Vs. Lalchand Sardar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1928Cal96
AppellantAkhoy Sardar
RespondentLalchand Sardar and ors.
Excerpt:
- 1. it appears from an examination of the record that the order complained of was made without the first party being required to adduce evidence in support of their claim. the second party was called upon to show cause and they were required to adduce evidence in support of their denial of the right claimed by the first party. no doubt the second party did not appear to give evidence. but that did not get rid of the fact that the order complained of was made without the first party being called upon to give evidence to prove their claim.2. in this view of the matter the order cannot stand and must be set aside and the rule is accordingly made absolute.
Judgment:

1. It appears from an examination of the record that the order complained of was made without the first party being required to adduce evidence in support of their claim. The second party was called upon to show cause and they were required to adduce evidence in support of their denial of the right claimed by the first party. No doubt the second party did not appear to give evidence. But that did not get rid of the fact that the order complained of was made without the first party being called upon to give evidence to prove their claim.

2. In this view of the matter the order cannot stand and must be set aside and the rule is accordingly made absolute.


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