In Re: Srikrishna Doss

Type Court Judgment Court Chennai Decided Sep 07, 1908

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https://sooperkanoon.com/case/787129

Citation: sooperkanoon.com/787129
Court: Chennai
Judge: Miller and ;Pinhey, JJ.
Decided On: Sep 07, 1908
Subject: Civil

Parties & Advocates

Appellant / Petitioner

In Re: Srikrishna Doss

Legal References

Reported In: 3Ind.Cas.474

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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.