Meaning of Refuse to ENTERTAIN

amit (Querist) 02 July 2010 This query is : Resolved
In order 21 rule 58(5) of C.P.C, what does Word "REFUSE TO ENTERTAIN" means?
Is it refuses PRIMA FACIE or on MERITES of case?

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Devajyoti Barman (Expert) 02 July 2010
First note that in prima facie case too the court adsjudicate on merit only. Here by 'entertain' it is meant to be considering the application under circumstances as mentioned in proviso to Sub Rule 1of Order 21.