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RamnaraIn Kallia Vs. Monee Bibee and - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1883)ILR9Cal735
AppellantRamnaraIn Kallia
RespondentMonee Bibee and ;gopal Doss Sing
Excerpt:
practice - rule nisi to show cause why a person should not be made a party defendant--no grounds stated in or served with the rule--rule granted during hearing of suit--civil procedure code (act xiv of 1882), section 32. - norris, j.1. i think this rule must be discharged. it states no grounds whatever, and in granting the rule i did not intend that it should be drawn up as it has been. if it had been properly drawn up i should have been in a position to hear it, but as it stands now it must be discharged and under circumstances discharged with costs. i will grant liberty to apply, on affidavit, for a fresh rule, and i direct that the decree in the suit be not drawn up until the rule is disposed of as i shall give mr. pugh every facility for bringing this matter to a hearing.
Judgment:

Norris, J.

1. I think this rule must be discharged. It states no grounds whatever, and in granting the rule I did not intend that it should be drawn up as it has been. If it had been properly drawn up I should have been in a position to hear it, but as it stands now it must be discharged and under circumstances discharged with costs. I will grant liberty to apply, on affidavit, for a fresh rule, and I direct that the decree in the suit be not drawn up until the rule is disposed of as I shall give Mr. Pugh every facility for bringing this matter to a hearing.


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