MUSAMMAT AMIRMAI, MINOR, THROUGH HER FATHER AND NEXT FRIEND PIAR MOHAMED Vs. SECRETARY OF STATE FOR INDIAN IN COUNCIL

JUDGEMENT

(1.) WE think in this case that the learned Judge is in error in rejecting the application as he has done. The order which he has passed is an order passed under Order XXIII, Rule 5, Civil Procedure Code. In our view, he ought to have proceeded under Rule 6 of the same Order. WE accordingly set aside big order and send the case back to him for disposal in accordance with the above observations.