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Sib Chunder Mullick Vs. Kissen Dyal Opadhya and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1876)ILR1Cal477
AppellantSib Chunder Mullick
RespondentKissen Dyal Opadhya and anr.
Excerpt:
small cause court act (ix of 1850), section 42 - power to restore case struck off for default in appearance. - richard garth, c.j.1. we are of opinion that a court of small causes, constituted under act ix of 1850, can, during the same day, and at the same sitting of the court, ex parte restore a cause once struck out under section 42, though the order for striking off may have been duly recorded.2. it is always, of course, open to the defendant in such a case to apply to the court upon sufficient grounds to set aside the ex parte order; and the sufficiency of such grounds would in each case be a question for the discretion of the judge.3. the sum of rs. 230, which has been brought into court by the plaintiff in this case, will be refunded to him.
Judgment:

Richard Garth, C.J.

1. We are of opinion that a Court of Small Causes, constituted under Act IX of 1850, can, during the same day, and at the same sitting of the Court, ex parte restore a cause once struck out under Section 42, though the order for striking off may have been duly recorded.

2. It is always, of course, open to the defendant in such a case to apply to the Court upon sufficient grounds to set aside the ex parte order; and the sufficiency of such grounds would in each case be a question for the discretion of the Judge.

3. The sum of Rs. 230, which has been brought into Court by the plaintiff in this case, will be refunded to him.


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