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Srimati Bala Dasi Vs. Raj NaraIn Dutt and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in125Ind.Cas.112
AppellantSrimati Bala Dasi
RespondentRaj NaraIn Dutt and anr.
Excerpt:
civil procedure, code (act v of 1908), section 115 - revision of interlocutory orders. - charu chander ghose, j.1. the order complained of is an interlocutory order made in a suit which has not yet come on for hearing. the settled practice of this court is not to interfere with such orders under section 113, civil procedure code, except in very special circumstances. the present case is not, in my opinion, within that rule applicable to very special circumstances. the result is that the rule is discharged with costs--hearing-fee one gold mohur.
Judgment:

Charu Chander Ghose, J.

1. The order complained of is an interlocutory order made in a suit which has not yet come on for hearing. The settled practice of this Court is not to interfere with such orders under Section 113, Civil Procedure Code, except in very special circumstances. The present case is not, in my opinion, within that rule applicable to very special circumstances. The result is that the Rule is discharged with costs--hearing-fee one gold mohur.


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