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Judgment
6 paragraphs · 109 words
1.
The District Judge declines, for reasons which we think wrong, to give sanction. His reasons have no regard to the substance of the application
but merely to the power of the Court under the Act (XX of 1868), for he holds that the institution being one. that comes u/s 3 of the Act, Section
18 of the Act does not apply.
2.
We think that the District Judge has in effect declined to exercise a jurisdiction vested in him by law and, we must, therefore, set aside his order
and direct him to reconsider the application on the merits.
3.
The District Judge will deal with the costs.