AMRITO LAL MUKHERJEE Vs. RAM CHANDRA ROY

JUDGEMENT

(1.) This is a second appeal from an order of the District Judge of Hooghly setting aside an order of the Subordinate Judge of that district, dismissing a suit for default.

(2.) It is contended that as the suit was dismissed for default no appeal lay to the District Judge and lie had no jurisdiction to set aside the order of the Subordinate Judge. The plaintiff should have applied to the Subordinate Judge under Section 103 for the restoration of the case to the file and might have appealed to the District Judge from an order refusing to set the dismissal aside.

(3.) It is further urged that the District Judge improperly interfered with the discretion of the Subordinate Judge, who refused to grant a further postponement of the case.