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Judgment
2 paragraphs · 113 words
Harington, J.—This rule must be discharged. Section 38 of the Presidency Small Cause Courts Act gives the Court power, inter alia, to order a new trial to be held. It has been argued by learned Counsel in support of the rule that the Court can only exercise the power u/s 38 if a question of law arises, but I find no such limitation in Section 38, and I think that the judgment in the case of Sassoon v. Hurry Das Bhukcut ILR (1896) 24 Cal. 455, shews that a new trial may be ordered where the judgment is manifestly against the weight of the evidence.
2.
The rule must he discharged with costs.