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Hatemali Chaprasi Vs. Osimuddi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1924Cal544a
AppellantHatemali Chaprasi
RespondentOsimuddi and ors.
Excerpt:
- 1. in this case, as the record shows, there was no evidence adduced at all before the magistrate. that being so, the order of the magistrate holding that the second party is entitled to possession of the property in dispute is one which must be set aside. it has been repeatedly held by this court that a magistrate has no jurisdiction to make an order under this section without any evidence being adduced before him.2. accordingly the order complained of is set aside.3. the rule is accordingly made absolute.
Judgment:

1. In this case, as the record shows, there was no evidence adduced at all before the Magistrate. That being so, the order of the Magistrate holding that the second party is entitled to possession of the property in dispute is one which must be set aside. It has been repeatedly held by this Court that a Magistrate has no jurisdiction to make an order under this section without any evidence being adduced before him.

2. Accordingly the order complained of is set aside.

3. The Rule is accordingly made absolute.


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