Kennelly Vs. Wyman - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/851427 |
| Subject | Civil |
| Court | Kolkata |
| Decided On | Feb-14-1876 |
| Judge | Phear, J. |
| Reported in | (1876)ILR1Cal179 |
| Appellant | Kennelly |
| Respondent | Wyman |
| Cases Referred | De Gex J.S. v. Pitt L.R.
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Excerpt:
practice - inspection of documents--rules of high court of 6th june 1874, 50, 52. - phear, j.1. the court intimates it has considered the matter, and refers to wright v. pitt l.r. 3 ch. app. 809 and states it is clear the applicant connot cross-examine upon the affidavit but can only show that it is not an honest affidavit. the omitted document is sufficiently mentioned and described in the written inspection, if inspection is needed. summons dismissed. costs to be costs in the cause. the report of noel v. noel 9 jur. n.s. 589 : s.c. 1 de gex j.s. v. pitt l.r. 3 ch. app. 809.
Judgment:Phear, J.
1. The Court intimates it has considered the matter, and refers to Wright v. Pitt L.R. 3 Ch. App. 809 and states it is clear the applicant connot cross-examine upon the affidavit but can only show that it is not an honest affidavit. The omitted document is sufficiently mentioned and described in the written inspection, if inspection is needed. Summons dismissed. Costs to be costs in the cause. The report of Noel v. Noel 9 Jur. N.S. 589 : S.C. 1 De Gex J.S. v. Pitt L.R. 3 Ch. App. 809.