Law: Civil Procedure Code (V of 1908)

Section: O.XLVII,R.1

Civil Procedure Code (V of 1908), O. XLVII, r. 1 "Sujftcient cause" Construction. The words "sufficient cause" mentioned in Order XLVII, rule 1 of the Civil Procedure Code, 1908 do not mean any and every cause but it means any reason sufficient on grounds at least analogous to those stated in the rule. The view that the "sufficient grounds" need not necessarily be construed ejusdem generis with the words preceding cannot be accepted as laying down the correct law. Narain Das and others v. Chiranji Lal I L R 47 All. 361 dissented from. Chhajju Ram v. Noki and others 49 I A 144 and Bisheshwar Pratap Sahai and another v. Parath Nath and another 61 I A 378 fol. P. R. M. A. C. T. V. R. Chettyar Firm v. Maung Daung and another A I R 1935 Rang. 501 ; Satramdas Kishinchand, Firm v. Manghoomal Hakumal A I R 1944 Sind 68 ; Basanta Kumar Gupta and others v. Abhoy Sankar Sen and others A I R 1923 Cal. 450 ; Surya Narain Chowdhury v. Kunja Behary Mal and others 25 C W N 884 ; Forman Mandal and others v. Sm. Basanta Kumari Debi 37 C W N 705 ; G. P. Stewart, Collector of Sylhet v. Brojendra Kishore Roy Chowdhury 43 C W N 913 and Chhajju Ram v. Noki and others 49 I A 144 ref. THIS JUDGMENT DELIVERED BY: RAHMAN, JUSTICE---.--- This Rule is directed against the appellate order of the learned Subordinate Judge, 1st Court, Comilla, in a proceeding arising out of a sale set aside case under section 174 (3) of the Bengal Tenancy Act. 2. It appears that the above sale set aside case, bearing number 29 of 1957, was compromised by the filing of a solehnama and by this solehnama it was provided that if a sum of Rs. 200 was either deposited in Court or paid to the pleader for the present opposite parties Nos. 28 and 29 by the 25th of April 1958, and a petition was filed to that effect by the learned pleader of the petitioners in Court, the sale would be set aside. It is claimed that the petitioners before me on the 24th of April 1958, paid to opposite party No. 29 himself the said sum of Rs. 200 and duly obtained a receipt from him, namely, Exh. 1 ; but, notwithstanding this, neither the said opposite party nor the opposite party's pleader put in any petition for recording satisfaction…

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