BALDEO DAS LOHIA Vs. BALMUKUND BRIJMOHAN

JUDGEMENT

(1.) This is an application under Section 115, Civil P.C., alleging inter alia that the Full Bench of the Court of Small Causes in Calcutta has exercised a jurisdiction not vested in it. The petitioner brought a suit in the Court for the price of goods sold and delivered. The defence was a denial, and the seventh Judge of the Court, Mr. P.C. Dutt, dismissed the suit. The petitioner then applied for a new trial under Section 38, Presidency Small Cause Courts Act.

(2.) This application was heard by what was called a Full Bench consisting of the Chief Judge and Mr. P.C. Dutt when new grounds were added, namely that the petitioner had lately discovered fresh evidence to the effect that the defendant firm had disposed of the goods in suit to a third party, and after hearing arguments the Court granted the application, set aside the order of dismissal, restored the suit and ordered it to be heard by Latifur Rahaman, J. Fourth Bench.

(3.) Thereupon the defendant firm applied for a new trial to set aside the said order on the ground inter alia that the Full Bench had erred in law in setting aside the order of dismissal of the trial Court on the mere allegation of the petitioner that he had discovered fresh evidence without requiring him to give particulars, or prima facie proof of the existence of such evidence or to produce it before the Court and in finding without proof that such evidence was not available at the time of trial.