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Jaban Saha Deceased Represented by Daughter, Pamiranness and ors. Vs. Sebak Mondal and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in64Ind.Cas.85
AppellantJaban Saha Deceased Represented by Daughter, Pamiranness and ors.
RespondentSebak Mondal and anr.
Excerpt:
civil procedure code (act v of 1908), section 115 - finding of fact without taking evidence. - panton, j.1. it is impossible to support the order of the learned munsif in this case. he had a question of fact to decide, namely, whether the petitioner in the case was prevented by any sufficient cause from making the deposit ordered by a certain date. but the learned munsif has some to a finding on that question after an observation that no evidence was necessary. it is not suggested that there was any affidavit on the record or that the parties had some to any agreement on the subject.2. the orders must, therefore, be set aside and the case remitted to the court of the munsif in order that it may be decided according to law.3. costs, one gold mohur, to abide the result.
Judgment:

Panton, J.

1. It is impossible to support the order of the learned Munsif in this case. He had a question of fact to decide, namely, whether the petitioner in the case was prevented by any sufficient cause from making the deposit ordered by a certain date. But the learned Munsif has some to a finding on that question after an observation that no evidence was necessary. It is not suggested that there was any affidavit on the record or that the parties had some to any agreement on the subject.

2. The orders must, therefore, be set aside and the case remitted to the Court of the Munsif in order that it may be decided according to law.

3. Costs, one gold mohur, to abide the result.


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