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Anunda Shaha Biswas, Vs. Kema Bebee and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1881)ILR6Cal548
AppellantAnunda Shaha Biswas, ;nyomuddIn Sha Biswas and ors.
RespondentKema Bebee and ors.
Excerpt:
appeal, ex parte - application for rehearing--civil procedure code (act x of 1877), section 560. - pontifex, j.1. we think that, under section 560 of the code of civil procedure, when a petition is presented for rehearing of an appeal heard ex parte in the absence of the respondent, the applicant is bound to satisfy the court that the notice was not duly served, or that he was, prevented by sufficient cause from attending when the appeal was called on for hearing. if he is not prepared at the time to satisfy the court in these particulars, his application is properly rejected. that is what seems to have happened in this case. the appeal is dismissed with costs.
Judgment:

Pontifex, J.

1. We think that, under Section 560 of the Code of Civil Procedure, when a petition is presented for rehearing of an appeal heard ex parte in the absence of the respondent, the applicant is bound to satisfy the Court that the notice was not duly served, or that he was, prevented by sufficient cause from attending when the appeal was called on for hearing. If he is not prepared at the time to satisfy the Court in these particulars, his application is properly rejected. That is what seems to have happened in this case. The appeal is dismissed with costs.


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