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Calcutta High Court · body

1920 DIGILAW 384 (CAL)

Ayemuddin Bewa v. Asimuddin Pramanik

1920-07-23

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JUDGMENT Shamsul Huda, J. - I think this rule must he made absolute. The facts stated by the Petitioner in paras. 3 to 6 of his petition are not denied by the learned Subordinate Judge and some of them are clearly admitted. The procedure adopted by the learned Subordinate Judge was very irregular and I think it necessary to direct a proper trial of the case. The decree passed by the learned Subordinate Judge is set aside and the case is transferred to the file of the Munsif, first Court at Bogra, for a trial de novo. 2. As I am not satisfied that the procedure adopted by the Small Cause Court Judge was objected to by the Plaintiff I allow him no costs in this Rule.