JOHAN SMIDT Vs. RAM PRASAD

JUDGEMENT

(1.) THIS rule must be discharged. Section 38 of the Presidency Small Cause Courts Act gives 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 Section 38 if a question of law arises, but I find no such limitation in Section 38, and I think that the judgment in the case of Sassoon v. Hurry Das Bhukcut (1896) I.L.R. 24 Cale. 455, shews that a new trial may be ordered where the judgment is manifestly against the weight of the evidence.

(2.) THE rule must he discharged with costs.