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Visranjee Visenjee and ors. Vs. Moorajee Poonja - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1885)ILR12Cal658
AppellantVisranjee Visenjee and ors.
RespondentMoorajee Poonja
Excerpt:
appeal to privy council - practice--appeal struck off for want of prosecution--civil procedure code (act xiv of 1882), sections 598, 599, 600. - w. comer petheram, c.j.1. held that as no formal notice of abandonment of the appeal had been given, and that as at any time the registrar might be called upon to issue the notice upon the opposite party, the application was a proper one; and therefore ordered the petition of appeal to be struck off the file for want of prosecution, allowing costs to the applicant.
Judgment:

W. Comer Petheram, C.J.

1. Held that as no formal notice of abandonment of the appeal had been given, and that as at any time the Registrar might be called upon to issue the notice upon the opposite party, the application was a proper one; and therefore ordered the petition of appeal to be struck off the file for want of prosecution, allowing costs to the applicant.


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