Ahmad Yar Khan vs Kheyali - 1933 Supreme(All) 15

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1933 Supreme(All) 15

KENDALL
Ahmad Yar Khan – Appellant
Versus
Kheyali – Respondent

ORDER

Kendall, J. - This is an application for the revision of a decree and order of the Judge of the Small Cause Court of Budaun, dismissing the plaintiff's suit. The plaintiff had obtained an ex parte decree on 26th April 1932 and on 11th May the defendant made an application to set aside the ex parte' decree, filing at the same time a security bond. Of this bond it may be said that it was eventually accepted by the Court, but at the time when it was filed it had not been verified by the two sureties. On 19th May the Court directed that the bond should be verified, and fixed 23rd May for the next hearing. On the same date, 19th May, an endorsement on the security bond was made by the advocate for the defendant to the effect that the sureties were sufficient for the amount required. The bond was finally verified on 28th May, and Mr. S.P. Sinha, who has argued the case in favour of the applicant, points out that this date is two days beyond the period of limitation prescribed for making an application and providing security for the setting aside of an ex parte decree under the proviso to Section 17, Provincial Small Cause Courts Act. However the Court set aside the ex parte decree o

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