( 1 ) THIS appeal is directed against an order of Sankar Prasad Mitra, J. dated the 18th March 1959 refusing to recall an earlier order made by him on the 3rd June 1958 by which he directed the issue of a duplicate writ of summons upon the appellant and ordered the Sheriff to accept the writ within fourteen days of the signing of the order.

( 2 ) THE facts of this case are somewhat extraordinary and illustrate how a suit can be kept pending for an indefinite length of time by clever manipulations. On the 9th of February 1938 the plaintiff respondent instituted a suit for a declaration that a partnership firm of which the appellant's father was alleged to be one of the partners, stood dissolved with effect from the 12th of April 1935 and for certain other reliefs. In that suit there were three defendants of whom the appellant's father was the third. For some reasons which do not appear from the materials before us, the suit remained undisposed of for eleven years in the first instance and on the 10th of May 1949 an order was made for recording the death of Harakchand Tamkorwalla, the father of the appellant and the third defendant in the suit and for substitution of