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1980 Supreme(Cal) 370

A.K.SEN, B.C.CHAKRABARTI
SUBIR KUMAR BHATTACHARYA – Appellant
Versus
MD. HABIBAR BISWAS – Respondent


Advocates Appeared:
SAKTI NATH MUKHERJI, Sujit Gupta

ANIL K. SEN, J.

( 1 ) THESE are the two revisional applications at the instance of the plaintiff/petitioners in Money Suit Nos. 20 of 1979 and 21 of 1979 and are directed against orders bearing the same date, namely, April 7, 1980, passed by the learned Subordinate Judge, 6th Court, Alipore, in the aforesaid two suits. By the orders impugned the learned Subordinate Judge had allowed the two applications filed by the defendants in the aforesaid two suits under Order 37, Rule 4 of the Code of Civil Procedure. To appreciate the point at issue it would be necessary to refer to more or less undisputed facts shortly set out as follows.

( 2 ) THE two suits were filed oh August 8. 1979. The suits coming under the purview of Order 37 of the Code, summonses in Form IV Appendix B were issued on September 18, 1979, and such summonses were served on October 2, 1979. The Court being closed for the puja holidays from September 20, 1979 to October 22. 1979, the defendants entered appearance on October 23, 1979, by filing a Vakalatnama executed in favour of a lawyer. In doing so, the defendants failed to furnish formally their address for service of notice on them though such address was set out














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