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Sib Chunder Mullick vs Kissen Dyal Opadhya And Anr. on 31 August, 1876

Calcutta High Court
Sib Chunder Mullick vs Kissen Dyal Opadhya And Anr. on 31 August, 1876
Equivalent citations: (1876) ILR 1 Cal 477
Author: R Garth
Bench: R Garth, Macpherson


JUDGMENT

Richard Garth, C.J.

1. We are of opinion that a Court of Small Causes, constituted under Act IX of 1850, can, during the same day, and at the same sitting of the Court, ex parte restore a cause once struck out under Section 42, though the order for striking off may have been duly recorded.

2. It is always, of course, open to the defendant in such a case to apply to the Court upon sufficient grounds to set aside the ex parte order; and the sufficiency of such grounds would in each case be a question for the discretion of the Judge.

3. The sum of Rs. 230, which has been brought into Court by the plaintiff in this case, will be refunded to him.

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