( 1 ) THIS Rule is directed against an order of a Magistrate, First Class, Contai, dated 10-10-1955 by which a certain conditional order was made absolute under Section 137 (3), Criminal P. C.

( 2 ) THE proceedings were instituted at the instance of the opposite party and they appear to have had a rather chequered career which it is necessary to notice.

( 3 ) ON 26-3-1955 the opposite party filed a petition whereupon the Sub-divisional Magistrate of Contai directed the issue of a notice on the petitioners to show cause why proceedings under Section 133, Criminal P. C. should not be drawn up against them. On the 20th April the petitioners appeared and prayed for time to show cause. Time was allowed till the 30th April. On the last mentioned date the petitioners appeared and produced certain papers in support of their contention. Obviously, the Magistrate was not satisfied as to the plausibility of the case made by the petitioners and then directed proceedings under Section 133, Criminal P. C. to be drawn up as between the petitioners as second party and the opposite party as first party thereto. The Sub-divisional Magistrate made a conditional order requir