SANKAR PRASAD MITRA, J.

( 1 ) THIS is an appeal from an Order of Mallick, J. dated the 22nd February, 1962, dismissing the appellant's application, inter alia for having the order of striking out of the suit which appeared in the special list on the 30th August, 1961, set aside. The suit was instituted on July 30, 1958, inter alia, for an injunction restraining the defendant No. 1 from proceeding with an arbitration case before the Bengal Chamber of Commerce and Industry on the basis that the contracts between the parties were void and illegal. We are told that the Bengal Chamber was informed of the suit and thereafter no steps were taken in the arbitration proceedings. On November 17, 1958. both the defendants filed their respective written statements. Messrs, D. C. Dutt and Co. were acting as solicitors for the plaintiff. On April 10, 1963, this firm was dissolved owing to the death of one of the partners. On the 19th April, 1961, a new warrant of attorney was filed on behalf of the plaintiff, which is the appellant herein, by Mr. T. Goswami, a solicitor of this court. On May, 1, 1961, Goswami received certain papers of the suit from Mr. A. K. Dutt of D. C. Dutt and Co. On July

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