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Kinoo Ram Dass and anr. Vs. Shibendra NaraIn Chowdhuri - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal605
AppellantKinoo Ram Dass and anr.
RespondentShibendra NaraIn Chowdhuri
Cases ReferredBuldeo Misser v. Ahmed Hossein
Excerpt:
appeal - dismissal of appeal for default--pleader present but unprepared to go on with case--civil procedure code, 1882, sections 556, 558. - mcdonell and beverley, jj.1. a preliminary objection was taken to the hearing of this appeal on the ground that it should not have been re-admitted under section 558. it is contended that as the pleader in this case was present, though not prepared to go on with it, the appeal was not dismissed under section 556; and therefore it could not be re-admitted under section 558. a similar case is that of buldeo misser v. ahmed hossein 15 w.r. 143 in which we find that under similar circumstances the appeal was held to have been dismissed for default. and followirig that ruling, we think this case was properly re-admitted under section 558.2. the appeal was dismissed on the facts which are immaterial to this report.
Judgment:

McDonell and Beverley, JJ.

1. A preliminary objection was taken to the hearing of this appeal on the ground that it should not have been re-admitted under Section 558. It is contended that as the pleader in this case was present, though not prepared to go on with it, the appeal was not dismissed under Section 556; and therefore it could not be re-admitted under Section 558. A similar case is that of Buldeo Misser v. Ahmed Hossein 15 W.R. 143 in which we find that under similar circumstances the appeal was held to have been dismissed for default. And followirig that ruling, we think this case was properly re-admitted under Section 558.

2. The appeal was dismissed on the facts which are immaterial to this report.


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