High Courts(1897) 07 CAL CK 0045

Hrisikes Singha and another vs Sadhu Charan Lohar and others

Calcutta High Court · Decided on 6 July 1897

CASE NUMBER
Rule No. 532 of 1897

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Judgment

2 paragraphs · 144 words
1.

In this case a rule was issued calling upon the other side to SHOW cause why the judgment of the Munsif, exercising the powers of a Court of Small Causes, should not be set aside, and be directed to proceed to hear the case. The suit was a suit for damages, and although one of the persons claiming damages has made the other co-proprietors Defendants in the case, the Munsif thinks that the suit should be dismissed because they are not co-plaintiffs. There is no foundation for such a doctrine. The Plaintiffs are entitled to sue individually for damages, as compensation, they have suffered.

2.

We therefore make the rule absolute, and setting aside the order of the Munsif we send the ease back to him in order that he may hear it. Costs to abide the result; hearing fee; one gold mohur.