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1968 Supreme(Cal) 157

BIJAYESH MUKHERJI
UJJAL TALUKDAR – Appellant
Versus
NETAI CHAND KOLEY – Respondent


Advocates Appeared:
B.K.Ghosh, BENOY BHUSAN DUTTA, BISWAJIT GHOSH, MUKUL GOPAL MUKHERJI, P.N.MITTER, SAMIR KUMAR MUKHERJI, TAPENDRA NARAYAN ROY CHOWDHURY

BIJAYESH MUKHERJI, J.

( 1 ) THIS rule under Section 115 of the Procedure Code (5 of 1908), issued by Chatterjee, J. , on April 29, 1968, has, as its genesis, a one-day cricket match played on January 14, 1968, on George Telegraph Sports ground in the Calcutta Maidan, between Belgachia United Club and George Telegraph Sports Club, both the clubs belonging to Group "e" of the Second Division League. "belgachia" --that is how I shorten the full name of the club -- lost the toss and was asked to bat first, which it did, to collect 155 runs for the loss of five wickets, by 12. 05 hours, when due to rains, the game "had to be stopped by the Umpire," who, however, held no discussion with the Captains of the two competing teams: vide paragraph 9 of the plaint presented by "belgachia's" Honorary Secretary. Ujjal Talukdar, qua plaintiff, in the Court of a Munsiff at Sealdah, being suit No. 97 of 1968. "belgachia" requested the sole defendant in that suit, Netai Chand Koley, Honorary Secretary, Cricket Association of Bengal (for short, CAB hereafter), to arrange for a replay of the match, upon the result of which depended not only the Group Championship of Group "e" of the Second Division Le






























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