Case No.:

(AC-Revision-325-1960)

Court:

Court of Appeal

Issue No.:

1960

Principles

·  Civil practice arid procedure- Civil Justice Ordinance, s. 69

.

Judgment

(COURT OF APPEAL)

MOPHAMED EL KHIDIR v. VAHI IGIDBASHIAN AND SONS

(AC-Revision-325-1960)

Revision

In a note on an application M. A. Abu Rannat C.J. said, inter alia: — I agree with the Province Judge that the default decree should be set aside. We always interpret section 69 of the Civil Justice Ordinance liberally. We give the defendant a chance unless there has been deliberate evasion or inexcusable fault of neglect. In this case the defendant deposited the alue of the claim and there is no fear that he was making delaying tactics.

(Application summarily dismissed)