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Budhan Shah vs Sita Nath Shah on 28 June, 1910

This view was not accepted by the majority of the learned Judges who composed the Full Bench and is also in accord with that taken in the case of Brahmomoyi Dasi v. Andi 27 C. 376 and Hara Kumar Pal Chowdhury v. Safatulla 2 C.L.J. 70 : 9 C.W.N. 844. In our opinion, when a parly asks for an indulgence of this description and invites the Court to make an order under Section 149 or under that section read with Section 148, an application should be made to the Court, and the record ought clearly to indicate that all the circumstances have been brought to the notice of the Court and the Court with full knowledge thereof has in the exercise of its discretion made an order entitling the plaintiff to make up the deficiency within the time fixed under Section 149 or within any additional period allowed under Section 148.
Calcutta High Court Cites 9 - Cited by 2 - Full Document
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