NEMICHAND Vs. RAGHUWARDAYAL

JUDGEMENT

(1.) THIS revision is directed against the following order dated 26 -9 -57: - -

(2.) IT appears from the order of the Court dated 21 -8 -57 that it was the office of the Court that was at fault in not issuing summons at the proper time. The Court in its order said

(3.) THE learned counsel for the opposite side, Mr. Motilal Gupta, has not in any way tried to support the order of the Court under revision. His only submission is that the case does not call for an interference under Section 115 of the Civil Procedure Code. But as I have pointed earlier, the Court had not followed the procedure laid clown in Civil Procedure Code and has therefore acted with material irregularity, necessitating interference under the visitatorial jurisdiction of the High Court.