Sripati Charan Mundle and two others vs Ram Kumar Bagdi and six others

We think that this rule must be made absolute upon the first ground mentioned in the order of this Court, dated the 17th August 1903. Upon the date fixed for trial the first party who is the Petitioner before us presented an application stating that he had had no notice of the date fixed for the trial, nor was a copy of the order under the first para. of sec. 145 of the Code of Criminal Procedure served upon him. The Magistrate though he ordered the said petition to be filed made no investigation whatsoever as to the truth or otherwise of the allegations made in it, and having received a written statement from the second party and proceeding as it were ex parte against the first party determined the matter raised before him under sec. 145 of the Code in favour of the second party. We think that the Magistrate before proceeding with the matter and making an order in favour of the second party was bound to have been satisfied that the notice of the proceeding and the copy of the order drawn up by him were duly served upon the first party. We accordingly set aside his order leaving it to the Magistrate to take such further action in the matter as he may be advised.