Privy Council(1889) 11 PRI CK 0009

Modhusudan Das vs Adhikari Prapanna and another

Privy Council · Decided on 15 November 1889 · Citation: (1890) 17 ILRPC 517

HON’BLE JUDGES
Hobhouse, Macnaghten, B. Peacock, R. Couch, JJ.

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Judgment

1 paragraphs · 129 words

B. Peacock, J. 1. Their Lordships are of opinion that this appeal ought to be dismissed. The Court exercised their discretion on the 20th November as to whether they would enlarge the time for giving security for costs. Having considered the evidence and all the facts which were brought before them at that time, they exercised their discretion, and thought it was a case in which they ought not to enlarge the time. Their Lordships think that this is not a case with which they ought to interfere. The appeal upon the merits of the case was under the circumstances properly dismissed under Section 549 of the Civil Code of Procedure. 2. Their Lordships will therefore humbly recommend Her Majesty that this appeal be dismissed, and dismissed with costs.