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Judgment
3 paragraphs · 123 words
Richard Garth, C.J.—We are of opinion that a Court of Small Causes, constituted under Act IX of 1850, can, during the same day, and at the same sitting of the Court, ex parte restore a cause once struck out u/s 42, though the order for striking off may have been duly recorded.
2.
It is always, of course, open to the defendant in such a case to apply to the Court upon sufficient grounds to set aside the ex parte order; and the sufficiency of such grounds would in each case be a question for the discretion of the Judge.
3.
The sum of Rs. 230, which has been brought into Court by the plaintiff in this case, will be refunded to him.