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1954 Supreme(Cal) 35

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
DHRUBENDRA DEB ROY – Appellant
Versus
KUMARENDRA DEB ROY – Respondent


Advocates Appeared:
APURBADHAN MUKHERJI, RABINDRA N.BHATTACHARJI, SAMARENDRA N.BANERJI, SARAT CHANDRA JAIN, SATKORI CHATTOPADHYAY

K. C. DAS GUPTA, J.

( 1 ) THE appellants who are the plaintiff's in a suit for removal of the defendant from the shebaitship of the Idols Sri Sri Iswari Hanseswari and others, applied for the appointment of a receiver pending the suit. That application was rejected by the trial court on the 18th of August, 1951. An appeal was preferred against this order of refusal to the District Judge, Hooghly, and on the 5th of April, 1952, the learned Subordinate Judge to whom the appeal had been transferred for disposal passed an order allowing the appeal "on consent". The defendant prayed for review of this order allowing the appeal and on the 22nd of May, 1952, the learned Judge passed the following order :"the review petition will be allowed and the appeal will be restored to file after setting aside the order passed by me on 5th April, 1952, if the petitioner puts in the entire costs of the opposite party together with the pleader's fee of Rs. 16/- on or before 31st May, 1952. In default, the application shall stand dismissed with costs and pleader's fee Rs. 16/ -. "this amount was put in before the 31st of May, 1952 as directed. On the 11th of June. 1952, a payment order for this amount








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