CHANDRAKANT ROY Vs. N P POGOSE

JUDGEMENT

(1.) I have considered this question, and have consulted the Chief Justice and some brother Judges. They agreed with me in thinking that it never could have been in contemplation by the Legislature that suits should be brought under the provisions of the Act against persons not resident in the jurisdiction of the High Court. But they also thought that the language of the Statute was so strong and general that they would not be justified in refusing to apply it to any case although the defendant might reside out of the jurisdiction; and they determined in order to prevent injustice, that, in all oases in which the defendant resided so far off that the whole or a considerable portion of the time within which he might apply for leave to defend would be consumed in the mere journey, execution should be stayed, so as to allow time to make an application to set aside the judgment according to the provisions of section 4. In consequence of my adjournment of the case, considerable delay has taken place. I think therefore it will be sufficient in this case if execution be stayed for a week.