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Allahabad High Court
Ram Saroop And Anr. vs Khaderan Kohar on 22 April, 1927
Equivalent citations: 102 Ind Cas 523
Author: Mukerji
Bench: Mukerji


JUDGMENT

Mukerji, J.

1. This is an application to revise an order of the Munsif of Benares exercising the powers of the Judge, Small Cause Court. It seems that there was an ex parte decree against the opposite party (who has not appeared before this Court). He made an application for setting aside the ex parte decree on the 3rd of December, 1926, and with that application he made a tender of the decretal amount. The decretal amount was actually put into the treasury on the 6th of December, 1926. The learned Judge in the Court below accepted the payment as good. It is contended in this Court that this payment was delayed and the learned Judge was not justified in treating the payment as good.

2. Under the rules framed by this Court; vide Rule No. 12, Chap. II of the General Rules and Form No. 43 the Treasury Officer is directed to receive a payment if made within three days of the tender. This is a very salutary rule and would be necessary for transaction of business. The office hours are not the same for Civil Court and the treasury and there may be intervening holidays. In this particular case 5th of December, 1926, was a holiday and the money having been paid into the treasury on the 6th of December, it was paid within three days. The tender was, therefore, a good tender and within the rules of the High Court. The petition is dismissed but without costs.


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