( 1 ) ON January 24, 1969 the appellant instituted the suit being suit No. 341 of 1969 against the predecessor in title of the respondent for the enforcement of a mortgage and a decree under Order XXXIV, Rule 4 of the Code of Civil Procedure in form No. 5 Appendix 'd' to Schedule I of the said Code.

( 2 ) THE original defendant filed her written statement. Upon the death of the original defendant on June 7, 1963 (?) the present respondent was substituted in the place and stead of the original defendant. The respondent filed her written statement in the suit on June 12, 1970. On April 24. 1972 the suit which had been appearing in the peremptory list of S. C. Deb J. for several days, was called on at about 12-15 p. m. The petitioner's counsel Mr. P. K. . Roy was not present at that time. The suit was passed over on the prayer of the Solicitor for the appellants.

( 3 ) THE Solicitor for the appellant thereafter went to the counsel Mr. P. K. Roy in the court of P. K. Banerjee J. Mr. Roy was addressing the Court at that lime. At about 12-35 p. m. , Mr. Roy concluded his address at the Court of P. K. Banerjee. J. and became engaged in certain company matters in the Court of