High CourtsSingle Bench(1921) 05 CAL CK 0010

Jaban Saha Deceased Represented by Daughter, Pamiranness and Others vs Sebak Mondal and Another

Calcutta High Court · Decided on 12 May 1921 · Citation: 64 Ind. Cas. 85

HON’BLE JUDGES
Panton, J

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Judgment

3 paragraphs · 126 words

Panton, J.—It is impossible to support the order of the learned Munsif in this case. He had a question of fact to decide, namely, whether the petitioner in the case was prevented by any sufficient cause from making the deposit ordered by a certain date. But the learned Munsif has some to a finding on that question after an observation that no evidence was necessary. It is not suggested that there was any affidavit on the record or that the parties had some to any agreement on the subject.

2.

The orders must, therefore, be set aside and the case remitted to the Court of the Munsif in order that it may be decided according to law.

3.

Costs, one gold mohur, to abide the result.