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Calcutta High Court
Damodar Manna And Ors. vs Sarat Chandra Dhal on 14 June, 1909
Equivalent citations: 3 Ind Cas 468 a
Bench: L Jenkins, Mookerjee


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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