Johan Smidt v. Ram Prasad

Harington, J.:— This Rule must be discharged. Sec. 38 of the Presidency Small Cause Courts Act given 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 sec. 38, if a question of law arises, but I find no such limitation in sec. 38, and I think that the judgment in the case of Sassoon v. Harry Das Bhukut shows that a new trial may be ordered when the judgment is manifestly against the weight of evidence.

The Rule must therefore be discharged with costs.

Mr. H.C Dutt, Attorney for the Petitioner.

Messrs Fox and Mundal Attorneys for the Plaintiff.

A.K.G

Rule discharged.