Radha Rawan Vs. Tula Ram

Radha Rawan vs Tula Ram

Type Court Judgment Court Allahabad Decided Oct 31, 1912

~1 min read

https://sooperkanoon.com/case/473461

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/473461
Court: Allahabad
Judge: George Knox and ;Rafique, JJ.
Decided On: Oct 31, 1912
Subject: Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Civil Procedure Code (Act V of 1908), Order XXIII, Rule 1 - Application for leave to withdraw suit with liberty to bring fresh suit--Defective judgment--High Court's power to set aside order--Revision--Practice. - - 1. There is nothing in the judgment of the Court below to show that that Court was satisfied that ...

Key legal issue: Miscellaneous

Parties & Advocates

Appellant / Petitioner

Radha Rawan

Respondent

Tula Ram

Legal References

Reported In: 17Ind.Cas.647

Excerpt

civil procedure code (act v of 1908), order xxiii, rule 1 - application for leave to withdraw suit with liberty to bring fresh suit--defective judgment--high court's power to set aside order--revision--practice. - - 1. there is nothing in the judgment of the court below to show that that court was satisfied that the suit must fail by reason of some formal defect.1. there is nothing in the judgment of the court below to show that that court was satisfied that the suit must fail by reason of some formal defect. it was not shown to us that there was any formal defect or that there was any other sufficient cause. we have, therefore, no alternative but to set aside the order of the court below and order that the case be returned to that court with directions that it be restored to the file of pending suits and disposed of according to law. the costs of this application will be borne by the respondent.

Full Judgment

1. There is nothing in the judgment of the Court below to show that that Court was satisfied that the suit must fail by reason of some formal defect. It was not shown to us that there was any formal defect or that there was any other sufficient cause. We have, therefore, no alternative but to set aside the order of the Court below and order that the case be returned to that Court with directions that it be restored to the file of pending suits and disposed of according to law. The costs of this application will be borne by the respondent.

Same Parties Radha Rawan vs Tula Ram Same Subject Miscellaneous Same Judge George Knox and ;Rafique, JJ.

Miscellaneous