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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


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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