BIMAL CHANDRA BASAK, J.

( 1 ) - This appeal is directed against a judgment order passed by the trial Court dismissing the application for condonation of delay and for recalling the order dated 15th June, 1987 passed by the learned trial Judge dismissing the suit for non-prosecution.

( 2 ) THE facts of this case are shortly as follows : on or about 1st February, 1980, the plaintiff instituted this suit against the defendants for leave under Clause 12 of the Letters Patent, decree against the defendants or such of them as may be held liable to the plaintiff for the sum of Rs. 14,37,400. 23 paise, declaration that the sum Rs. 9,33,377. 16 paise is payable by the defendants or either of n to the plaintiff and decree directing the defendants to pay the sum Rs. 9,33,377. 16 paise along with interest thereon from 31st January, 1977 at the rate of 18% per annum until payment, interim and further interest, costs and various other reliefs. The writ of summons was duly served on the defendants Nos. 1 and 2. On or about 7th March, 1980, the defendant No. 1 duly entered appearance. An application was made by the plaintiff for final judgment in March, 1980. There was also an application on or

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