Tileshwari Devi And Ors. vs Bhadai Mahton And Ors. on 9 December, 1976
That is true but those cases are such in which a party has been made to suffer by an act of the Court amounting to abuse of the process of the court. It is well settled that actus curiae neminem gravabit; acts of court prejudice none. That principle has no application to the facts of the instant case. Learned counsel for the plaintiff-opposite party invited my attention to the decisions in the cast of Mahendra Lal v. Mossomat Rekhia (AIR 1971 Pat 382), Damodar Prasad v. Aditya Maharaj (AIR 1972 Pat 289) and Abdul Rashid v. Sri Sitaramji Maharaj Brajman (AIR 1974 All 275) (FB).