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1941 Supreme(Nagpur) 101

GRUER
BISHAMBHARDAS S/O CHIRONJILAL AGARWAL – Appellant
Versus
MUKTA S/O KALKA TELI – Respondent


JUDGMENT

Gruer, J—This is an application under Section 115, Civil P.C. In the course of an inquiry under Section 476, Criminal P. C, the Second Subordinate Judge, Second Class, Nagpur, has decided that the Court can examine the present applicants on oath in these proceedings and call on them to produce document a which are in their possession. The issuing of a summons under Section 94, Criminal P.C., was ordered against them. The non-applicant Mukta had movecll the Court to take action against them for giving false evidence in Misc. Case No. 47 of 1935 of that civil Court. Applicant 1, Bishambhardas, was a party, viz., an objector, in these proceedings, while the two other applicants were his witnesses. Bishambhardas's objection was dismissed, as was his appeal to the Additional District Judge. Both sides then preferred appeals to the High Court. In March 1939 both appeals were dismissed as withdrawn without leave to file future appeals.

2. In his reply to the application under Section 476, Criminal P.C., Bishambhardas said that in the appeal preferred to the High Court the parties compromised the claim and hence the objection and appeal were dismissed; he added that as the case was




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