R.P.MOOKERJEE
SURENDRA NATH DUTTA – Appellant
Versus
MOHINI MOHAN CHAKRAVARTY – Respondent
( 1 ) THIS is a debtor's application for the revision of an order passed by the Munsif at Basirhat, directing that an earlier order dismissing for default a certain execution case be set aside and the case restored to file along with the miscellaneous case which had been started in connection with those execution proceedings.
( 2 ) TO appreciate the point raised before this Court, it will be necessary to refer in short to the relevant facts leading to the order of dismissal mentioned above. The Bank of Commerce obtained a decree against the debtor petitioner in the Court of Small Causes at Calcutta on 11-8-1938. Attempts were made to realise the decretal amount on different occasions, and on 8-8-1950, the last application for execution was filed. This was after an order was obtained from the Court of Small Causes for transfer of the decree to a Court in the District of 24 Pargannas. Prom the ordersheet it appears that the pleader who was engaged took various steps in connection with this execution case, though on 7-9-1950, an order had been passed by the Original Side of this Court appointing the Official Receiver as liquidator of the decree-holder Bank. No st
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