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Judgment
This is an appeal from an order of the District Judge of Mongbyr refusing to restore an appeal which seems to have been summarily dismissed. We have not before us the petition praying for the restoration of the appeal. It was not included in the documents printed in this paper-book, and the learned Advocate for the respondents strongly objected to our looking at a copy which the appellants proposed to offer to us. We supported the objection and we have no means, therefore, of knowing the contents of the petition fox restoration.
The order of the learned District Judge, however, speaks for itself. He refused the restoration of the appeal noting in the order sheet:
Heard-Pleader for the appellant. In the general interest of Court discipline I see no real reason to restore the appeal. Petition rejected.
The order should have stated the reason for rejecting the petition and its merits should have been investigated by the learned Judge. As has been pointed out more than once, Courts exist not for the purpose of imposing discipline on practitioners or parties but for the purpose of administering justice, and the reason, if it be so intended by the District Judge, cannot support his refusal of the petition for restoration.
The order of the learned District Judge is, therefore, set aside and the appeal is allowed. The application for restoration of the appeal will be re-heard by him and disposed of in accordance with law. Costs of this appeal will abide the result.