Calcutta High Court
Johan Smidt vs Ram Prasad on 30 January, 1911
Equivalent citations: (1911)ILR 38CAL425
JUDGMENT Harington, J.
1. This rule must be discharged. Section 38 of the Presidency Small Cause Courts Act gives the Court power, inter alia, to order a new trial to be held. It has been argued by learned Counsel in support of the rule that the Court can only exercise the power under Section 38 if a question of law arises, but I find no such limitation in Section 38, and I think that the judgment in the case of Sassoon v. Hurry Das Bhukcut (1896) I.L.R. 24 Cale. 455, shews that a new trial may be ordered where the judgment is manifestly against the weight of the evidence.
2. The rule must he discharged with costs.