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1982 Supreme(SC) 183

BAHARUL ISLAM, D.A.DESAI
Kalipada Das Alias Mahanto – Appellant
Versus
Bimal Krishna Sen Gupta (Dead) By L. Rs – Respondent


Advocates:
P.K.GHOSH, S.DASARATHA RAMA REDDY, V.D.KHANNA

JUDGMENT:- Special leave granted.

2. This appeal is directed against an order dated June 29, 1979, by which a Division Bench of the Calcutta High Court dismissed Appeal No. 14/79 preferred by the present appellant on the ground that the appellants failed to comply with the order dated January 19, 1979, by which the appellants were directed to prepare the paperbooks out of Court and to supply six typewritten or printed copies thereof within two months of the service of the notice of arrival of records upon the learned advocate for the appellants. The Division Bench noted that an earlier default by the appellant was condoned by recalling the order dated June 11, 1979, dismissing the appeal, but in view of the subsequent lapse on the part of the appellant even after restoration of the appeal and service of notice of arrival of the Record the appellants failed to comply with the Courts order dated January, 1979, the appeal was dismissed.

3. This Court directed issue of notice by its order dated April 10, 1980, simultaneously directing the stay of dispossession as directed by the earlier order of this Court to continue to be continue to be provided the appellants filed paper-books as dir











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