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1909 DIGILAW 281 (MAD)

Untitled judgment

1909-10-07

MILLER

body1909
ORDER Miller, J. 1. The pleader when he presented the appeal informed the Magistrate that he was not prepared to argue it but some other pleader would do so and the Magistrate does not question the pleaders good faith. In these circumstances it cannot be said that the Magistrate, when he required the pleader to argue the appeal at once, gave him a reasonable opportunity of being heard in support of it, vide Ramtohal Dusadh v. Emperor (1909) 1 Ind. Cas. 668. The decision rejecting the appeal is set aside and the Magistrate will re-hear it.