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1954 Supreme(Cal) 146

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
UNION OF INDIA – Appellant
Versus
MANMULL JAIN – Respondent


Advocates Appeared:
DHRUB MUKHERJI, HEMENDRA KUMAR DAS, NALIN CHANDRA BANERJI, S.M.BOSE, Smriti Kumar Roy Chaudhury

K. C. DAS GUPTA, J.


( 1 ) IN these three applications, the Union of India prays for this Court's permission to prosecute three appeals in place of the Percepteur and Municipal Reserveur of Chandemagore. The Percepteur issued on 2-8-1951, "commandments" upon the respondents-opposite parties for payment of certain sums of money, who thereupon filed "oppositions" calling upon the Percepteur to appear before the Subordinate Judge. Finally, the Subordinate Judge dismissed the three miscellaneous cases started on the three "oppositions". The respondents-opposite parties filed appeals against the decisions of the Subordinate Judge to the District Judge, Chander-nagore, and on 16-6-1952 the appeals were allowed by the learned District Judge.

( 2 ) AGAINST this, three memoranda of appeals were filed on 9-9-1952 by the Union of India. The applications for permission to continue the appeals were filed on the same date.

( 3 ) BEFORE, however, any orders were passed on the applications, the appeals were placed for hearing under Order 41, Rule 11, Civil P. C. , before a Bench of this Court, and the Court unaware of the fact that the Union of India, which had preferred the appeals, was not a pa















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