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Meaning of Refuse to ENTERTAIN (Civil Law)

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This query is : Resolved


Author : amit

Posted On 02 July 2010 at 22:20

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?




Expert : Devajyoti Barman

Posted On 02 July 2010 at 23:34

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.



Expert : ADVOCATE DEFENSE.

Posted On 03 July 2010 at 11:52

Both.


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