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Damodar Manna and ors. Vs. Sarat Chandra Dhal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in3Ind.Cas.468a
AppellantDamodar Manna and ors.
RespondentSarat Chandra Dhal
Excerpt:
civil procedure code (act xiv of 1882), section 108 - ex parte decree, appeal from--application to se aside. - 1. in our opinion the mere fact that an appeal has been preferred from an at: parte decree and is pending does not preclude a defendant against whom the decree was passed from applying under section 108 of the civil procedure code for an order to set it aside. therefore, this appeal must be dismissed with costs.
Judgment:

1. In our opinion the mere fact that an appeal has been preferred from an at: parte decree and is pending does not preclude a defendant against whom the decree was passed from applying under Section 108 of the Civil Procedure Code for an order to set it aside. Therefore, this appeal must be dismissed with costs.


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