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1960 Supreme(Cal) 232

S.C.LAHIRI, H.K.BOSE
KANAI LALL SHAW – Appellant
Versus
BHATTU SHAW – Respondent


Advocates Appeared:
S.DAS, S.N.GHORAI

LAHIRI, C. J.

( 1 ) THIS appeal is by the plaintiff against an order of Ray, J. , dated March 30, 1960, by which his Lordship has dismissed the plaintiff's application for restoration of a suit Which was dismissed tor default on November 18, 1959. The facts which are relevant for the purposes of the present appeal are these. The plaintiff's suit appeared in the Peremptory List of G. K. Mitter, J. ior some time. But after the reopen-ing of this Court after the Long Vacation of 1959 the suit appeared in the Permptory List of Bay, J. On November 18, 1959, it appeared in the Peremptory List of Ray, J. , but the names of the attorneys of the plaintiff and the defendant were wrongly printed in the Peremptory List. The actual name of the plaintiff's attorney is Mr. S. M. Chatterjee whereas in the Peremptory List it was printed as Mr. S. M. Chowdhury. The correct name of the defendant's attorney is Mr. Atul K. Chatterjee, but in the Peremptory List of November 18, 1959 it was wrongly printed as B. Chatterjee. It is said that as a result of this misprint of the names of the attorneys the plaintiff's attorney lost sight of the suit and took no steps when it was called on lor hearing, with t




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