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1973 Supreme(Cal) 73

A.N.BANERJEE, A.K.SINHA
RAMLAL KANHAIYALAL SOMANI A PARTNERSHIP FIRM – Appellant
Versus
AJIT KUMAR CHATTERJEE – Respondent


Advocates Appeared:
B.C.Roy, Nanigopal Das, S.C.DAS GUPTA, Sharda Parmar, T.P.DAS

A. K. SINHA, J.

( 1 ) THIS appeal is preferred by the plaintiff-appellant against a judgment and decree dismissing its suit for recovery of damages against State of West Bengal and some of its Officer, briefly in the circumstances as follows:

( 2 ) THE plaintiff which is a firm registered under the Indian Partnership Act consisting of Bhimraj Somani, Hardwari Mal Somani, Om Prakash Somani, all partners and one Satya Narayan Somani, a minor admitted to the benefits of the partnership firm--all sons of the Kanhaiyalal Somani since deceased was carrying on business in Cooch Behar On 27th April, 1957, the defendant-respondent No. 1 -- a Police Officer -- with a number of Police Constables wrongfully and forcibly entered into the business premises of the appellant and obtained possession of several godowns and locked and scaled up the entire premises including various books, papers and goods worth Rs. 27,5000-0-0 under a purported order of attachment dated 26-4-1957 issued against Bhimraj Somani, one of the partners in a criminal case. The order of attachment, it is further alleged, was preceded by an order of proclamation made on 26-4-1957 against Bhimraj Somani declaring him to be ab










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