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In Re: Srikrishna Doss

Type Court Judgment Court Chennai Decided Sep 07, 1908
~1 min read
https://sooperkanoon.com/case/787129

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Citation
Court
Chennai
Judge
Decided On
Subject
Civil

Case Summary

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

Civil Procedure Code (Act XIV of 1882), Sections 82, 94, 174 - Summons to give evidence affixed to witness's door--Non-compliance with summons--Order sentencing witness to fine--Ommission to record express declaration that process was duly served, effect of. -

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: Srikrishna Doss

Legal References

Reported In
3Ind.Cas.474

Excerpt

civil procedure code (act xiv of 1882), sections 82, 94, 174 - summons to give evidence affixed to witness's door--non-compliance with summons--order sentencing witness to fine--ommission to record express declaration that process was duly served, effect of. - 1. the appellant refused service of the summons and a copy was duly affixed to his door. we do not think' that the omission of the judge to record under section 82 of the civil procedure code, an express declaration that the process was duly served, can invalidate his order; under section 174, civil procedure code. the order on the summons in our opinion, is sufficient declaration in the circumstances. the city civil judge has given sufficient reasons for imposing a heavy fine.2. the appeal is dismissed.

Full Judgment

1. The appellant refused service of the summons and a copy was duly affixed to his door. We do not think' that the omission of the Judge to record under Section 82 of the Civil Procedure Code, an express declaration that the process was duly served, can invalidate his order; under Section 174, Civil Procedure Code. The order on the summons in our opinion, is sufficient declaration in the circumstances. The City Civil Judge has given sufficient reasons for imposing a heavy fine.

2. The appeal is dismissed.

Continue Your Research

Same Parties In Re: Srikrishna Doss vs Same Subject Civil Same Judge Miller and ;Pinhey, JJ.
Civil

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