RAMENBRA MOHAN DATTA, J.

( 1 ) THE appeal herein has since been dismissed with costs for default of appearance of the appellant on or about 8th Sept. 1977 in the presence of the respondent. The respondent intending to proceed with the hearing of the cross objection was directed to serve on the appellant a notice of hearing and pursuant thereto the appellant appeared.

( 2 ) ARGUMENTS had been advanced on a short but an interesting point arising out of the cross-objection filed by the respondent Calcutta Vyaper Pratisthan Limited. The judgment of the trial Court was delivered by A. N. Ray, J. (as he then was) on March 22 and 23, 1966 whereby the suit filed by the appellant was dismissed. The claim for specific performance of the sale of a premises comprising 25 cottahs of land with a cottage standing on a portion thereon being parts of premises Nos. 3, Rusell Street and 36, Chowringhee Road in Calcutta (hereinafter referred to as the said premises), was refused but the learned Judge allowed the claim for refund of the sum of Rs. 3 lakhs to the appellant. The plaintiff appellant preferred this appeal. The respondent preferred a cross-objection in respect only of the said decree for

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