Supreme Court · 1983 INSC 83 · Decided 25 July 1983
Bhagwan Dass Arora v. First ADDL. DISTT. Judge, Rampur
- Court
- Supreme Court of India
- Citation
- 1983 INSC 83 · [1983] 3 S.C.R. 493
- Case number
- CIVIL APPEAL No. 2982/1983
- Decided
- 25 July 1983
- Bench
- D.A. DESAI, R.B. MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 227; Stamp Act
Headnote
ARORA v. FIRST ADDL. DISTT. JUDGE, RAMPUR July 25, 1983 [D. A. DESAI AND R. B. MISRA JJ.] r Provincial Small Cause Courts Act, 1887-Proviso to s. 17(1)-Surety Bond-Whether governed by Art. 6 of Schedule 2 oj the Court-fee Act or Art. 57 of the Indian Stan1p Act-existing conflict of opinion Jn this situation by preferring one view to thi! o//ier a litigant cannot be thrown out of the court. In compliance with the orders of the court under the proviso to s, 17(1) of the Provincial Small Cause Couits Act the appellant, against whom an ex-parte decree had been passed, filed within
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