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1963 Supreme(Cal) 46

H.K.BOSE, G.K.MITTER
SACHINDRA CHANDRA CHAKRAVARTI – Appellant
Versus
JNANENDRA NARAYAN SINGH ROY – Respondent


Advocates Appeared:
B.Sen, P.K.Sen, T.P.DAS

MITTER, J.

( 1 ) THIS is an application by a defendant appellant praying for various reliefs including one for setting aside abatement If any, amendment of the cause title and body of the memorandum of appeal etc.

( 2 ) ONE Jnanendra Narayan Singh Roy filed a suit in this Court being Suit No. 247 of 1948 against Subodh Chandra Chakravorti and several others and obtained a money decree therein. In execution of the decree he levied attachment on 2-4-1953 to the extent of Rs. 26,000/- in respect of moneys in the hands of the Executive Engineer, North Eastern Railway on the allegation that Subodh Chandra Chakravorti was the sole proprietor of Chakravorti and Company. The appellant Sachindra Chandra Chakravorti preferred a claim against the said attachment in or about June 1953 alleging that under a registered deed of dissolution dated 9-8-52, it was he and not Subodh Chandra Chakravorti who was the owner of the moneys attached. On 21-6-54 Jnanendra Narayan Singh Roy filed a suit in this Court being Suit No. 307 of 1954, against Sachindra Chandra Chakravorti and Subodh Chandra Chakravorti praying for a declaration that the dated of 9-8-52 was void as against him and a further declarat














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