Akhil Chandra Mandal And Ors. vs Surendra Nath Dutt And Ors. on 24 July, 1905

Calcutta High Court
Akhil Chandra Mandal And Ors. vs Surendra Nath Dutt And Ors. on 24 July, 1905
Equivalent citations: 5 Ind Cas 306
Author: F Maclean
Bench: F Maclean, Pratt


JUDGMENT

Francis Maclean, C.J.

1. I see no reason to differ from the learned Judge as to the construction of the pottah of 1877. I think that, in the circumstances, he was quite right in remanding the case. It was not a remand merely upon the question of service of the notice but also upon its sufficiency. The appeal is dismissed with costs.

Pratt J.

2. I agree.

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