LAHIRI, J.P.MITTER
SURETENNESSA BIBI – Appellant
Versus
CHINTAHARAN DAS – Respondent
( 1 ) THIS rule was issued on the opposite party to show cause why he should not be committed to prison for contempt of this Court for breach of a personal undertaking given by him to this Court in Second Appeal No. 1461 of 1953. The facts relevant for the purposes of this Rule may be briefly stated as follows: The petitioner Suretennessa Bibi instituted a suit for ejectment against there opposite party Chintaharan Das in respect of premises No. 37d, Surendra Nath Banerji Road. The petitioner succeeded in getting as decree for ejectment in the Courts below and against the decree of the lower appellate Court the opposite party Chintaharan Das filed a second appeal which was registered' and numbered as S. A. 1461 of 1953. That second appeal came up for Hearing under Order 41, Rule 11, Civil P. O. , before this Court on 1-12-1953 on which date the following order was recorded by the Court: "this appeal will be heard. The records need not be sent for and the usual notices need not issue, as it is represented to 'us that Mr. Charu Chandra Ganguly, Advocate, has got instruction to appear for the 'sole respondent. Mr. Ganguly is permitted to enter appearance for the' sole respo
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