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1973 Supreme(Cal) 27

N.C.TALUKDAR
DEWAN SINGH – Appellant
Versus
GOLAP SINGH – Respondent


Advocates Appeared:
BHUPENDRA KUMAR PANDA, BHUPENDRA NATH MITRA

N. C. TALUKDAR, J.

( 1 ) THESE two Rules are taken up together for disposal as they are interconnected. C. R. No. 2285 (R) of 1972 is ancillary to C. R. No. 859 (R) of 1972, depending on the same for an ultimate decision.

( 2 ) C. R. No. 859 R of 1972 at the instance of the Petitioner Dewan Singh is for review and the prayer is as to why the order dated 25-8-1971 passed by K. K. Mitra, J. , in C. R. 2595 of 1969 should not be reviewed. As the review application was out of time, an application under Section 5 of the Indian Limitation Act was filed on the 13th January, 1972 and the Rule was issued by A. K. Sinha, J. , on the 15th March, 1972. The connected Rule viz. , C. R. 2285 R of 1972 is also at the instance of the petitioner, Dewan Singh, praying that the hearing of the suit in the court below may be stayed till the disposal of the earlier Rule issued for review. An ad interim stay was also granted on terms when the Rule was issued by my learned Brother, A. K. Sinha, J. , on the 6th July, 1972.

( 3 ) MR. Bhupendra Nath Mitra appearing on behalf of the petitioner in both the Rules made a twofold submission--firstly that there is sufficient reason under Section 5 of the Indian



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