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Surjya Kumar Singh Vs. Secretary of State and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1927Cal604,103Ind.Cas.655
AppellantSurjya Kumar Singh
RespondentSecretary of State and anr.
Excerpt:
- 1. in this case we are of opinion that on the pleadings the small cause court judge was entirely right in holding that a suit of this nature is not maintainable. if the plaintiff was aggrieved by any order of the magistrate who tried the case in which the plaintiff gave evidence, his proper remedy was to move a superior court. in no case was he, as the plaintiff, entitled to maintain a civil suit for recovery of the expenses alleged to have been incurred by him in obedience to a subpoena in a criminal case requiring him to give evidence.2. the rule is accordingly discharged with costs. we assess the hearing fee at three gold mohurs.
Judgment:

1. In this case we are of opinion that on the pleadings the Small Cause Court Judge was entirely right in holding that a suit of this nature is not maintainable. If the plaintiff was aggrieved by any order of the Magistrate who tried the case in which the plaintiff gave evidence, his proper remedy was to move a superior Court. In no case was he, as the plaintiff, entitled to maintain a civil suit for recovery of the expenses alleged to have been incurred by him in obedience to a subpoena in a criminal case requiring him to give evidence.

2. The Rule is accordingly discharged with costs. We assess the hearing fee at three gold mohurs.


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