LAWS(PVC)-1909-6-9

DAMODAR MANNA Vs. SARAT CHANDRA DHAL

Decided On June 14, 1909
DAMODAR MANNA Appellant
V/S
SARAT CHANDRA DHAL Respondents

JUDGEMENT

(1.) IN our opinion the mere fact that an appeal has been preferred from an at: parte decree and is pending does not preclude a defendant against whom the decree was passed from applying under Section 108 of the Civil Procedure Code for an order to set it aside. Therefore, this appeal must be dismissed with costs.