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Ashutosh Mullick and ors. Vs. the Secretary of State for India in Council - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in57Ind.Cas.302
AppellantAshutosh Mullick and ors.
RespondentThe Secretary of State for India in Council
Cases ReferredSib Kumari Debi v. Secretary of State
Excerpt:
civil procedure code (act v of 1908), order xvi, rules 10,12 - non-production of document in obedience to summons--fine, when can be imposed. - newbould, j.1. this rule must be made absolute. the recent ruling in the case of sib kumari debi v. secretary of state for india 55 ind. cas. 425 : 31 c.l.j. 363 shows that a fine cannot be imposed under order xvi, rule 12, civil procedure code, until after attachment of property under rule 10 of that order. the rule is accordingly made absolute and the fine, if paid, will be refunded, i make no order as to costs.
Judgment:

Newbould, J.

1. This Rule must be made absolute. The recent ruling in the case of Sib Kumari Debi v. Secretary of State for India 55 Ind. Cas. 425 : 31 C.L.J. 363 shows that a fine cannot be imposed under Order XVI, Rule 12, Civil Procedure Code, until after attachment of property under Rule 10 of that Order. The Rule is accordingly made absolute and the fine, if paid, will be refunded, I make no order as to costs.


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