LAWS(PVC)-1914-5-130

INTU MEAH MISTRY Vs. DARBUKSH BHUIYAN

Decided On May 15, 1914
INTU MEAH MISTRY Appellant
V/S
DARBUKSH BHUIYAN Respondents

JUDGEMENT

(1.) This is an appeal from the order of the Subordinate Judge of Chitta-gong rejecting the appellant s application to set aside an ex parte decree of the 28th July 1909.

(2.) It appears that this litigation began in 1907 and that a decree was passed on the 14th March 1908 by the Munsif in favour of 5 persons among whom the appellant was the defendant No. 2. But upon appeal the learned Subordinate Judge in. the Court below reversed the Munsif s decision and found against the five defendants. The defendant No. 1, who is proved to be joint with the defendant No. 2, preferred an appeal to the High Court and that appeal was summarily dismissed. The defendant No. 2, the present appellant, applied to the learned Subordinate Judge during the pendency of the appeal in the High Court to have his appeal re-heard by the Subordinate Judge.

(3.) The Subordinate Judge held that he had no jurisdiction to entertain the application. On appeal to this Court a Divisional Bench of this Court held that he had jurisdiction to decide the matter and he was the best person to decide it. He has accordingly on the 16th of December 1911 decided against the defendant No. 2 s application. The grounds which he has given appear on the face of them to be good, for it would appear from what he states not only that the provisions of the law contained in Order V, Rules 15 and 17, were complied with, but that the learned Judge satisfied himself that the defendant No. 2 had an opportunity of appearing, inasmuch as he was in communication with his wife, brother and nephew during his absence at Rangoon both before and after the service.