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1971 Supreme(Cal) 63

S.K.MUKHERJEE, B.C.MITRA
KRISHNA KUMAR KHEMKA – Appellant
Versus
JAGADISH NARAYANA BHAN – Respondent


B. C. MITRA, J.

( 1 ) THIS is an application for condonation of the delay in making an application for review under Order 47 of the Civil Procedure Code, and for an order that the memorandum of Review presented to the Registrar on September 29. 1970, but returned by him, with the endorsement "out of time", be admitted. Before proceeding any further I should note that this is a third of a series of attempts to reopen an order made by consent of parties and on the basis of terms of settlement put in by them on July 9. 1970. The object of the review application is to obtain variation and alteration in the terms agreed upon between the parties by increasing the price of the shares in the capital of a Joint Stock Company known as Associated Industrial Development Co. Private Ltd. The circumstances in which the first application was made by the petitioner has been set out in paragraph 48 of the petition. That application was made on September 15, 1970, and was disposed of on September 28. 1970. The application was dismissed on the ground of non-compliance with the provisions in Order 47. Rule 3 of the Civil Procedure Code and Rules 34, 35 and 36 of Chapter XXXI of the Original Side Rule


















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