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Groom and anr. Vs. Wilson - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal539
AppellantGroom and anr.
RespondentWilson
Excerpt:
practice - summary suit on promissory note--time extended for defendant to appear and defend suit--civil procedure code (act x of 1877), chap. xxxix. - pontifex, j.1. granted leave; but, as the defendant was at peshawur, directed that the time within which the defendant might obtain leave to appear and defend should be extended to the period of twenty-eight days. the learned judge was of opinion that, inasmuch as section 532 provides that the summons shall issue either in the form mentioned in the schedule, or in such other form as the high court may from time to time direct, the court had the power to extend the time.
Judgment:

Pontifex, J.

1. Granted leave; but, as the defendant was at Peshawur, directed that the time within which the defendant might obtain leave to appear and defend should be extended to the period of twenty-eight days. The learned Judge was of opinion that, inasmuch as Section 532 provides that the summons shall issue either in the form mentioned in the schedule, or in such other form as the High Court may from time to time direct, the Court had the power to extend the time.


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