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Purna Chandra Sarkar Vs. Rassoraj Pramanik - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in33Ind.Cas.133
AppellantPurna Chandra Sarkar
RespondentRassoraj Pramanik
Excerpt:
provincial small cause courts act (ix of 1887), section 17, proviso, if substantial compliance with, is sufficient - ex parte small cause court decree, application for setting aside. - 1. the law imposes upon the applicant for review or re hearing the duty of putting in into court the amount due from him under the decree at the time of his presenting the application, the other alternative being a discretion of the court not to take the deposit but to allow an application to be made upon a proper security being given. in the present case an amount short by about 11 annas was put in by mistake. that, therefore, did not comply with the requirements of the section.2. it is contended that a substantial compliance with the provision of the act should be sufficient. we are unable, however, to accede to this argument as the wording of the law is very specific.3. in this view, of the case the rule is discharged with costs, hearing fee one gold mohur.
Judgment:

1. The law imposes upon the applicant for review or re hearing the duty of putting in into Court the amount due from him under the decree at the time of his presenting the application, the other alternative being a discretion of the Court not to take the deposit but to allow an application to be made upon a proper security being given. In the present case an amount short by about 11 annas was put in by mistake. That, therefore, did not comply with the requirements of the section.

2. It is contended that a substantial compliance with the provision of the Act should be sufficient. We are unable, however, to accede to this argument as the wording of the law is very specific.

3. In this view, of the case the Rule is discharged with costs, hearing fee one gold mohur.


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