RAMENDRA MOHAN DATTA, J.

( 1 ) THIS appeal arises from the order dated Aug, 26, 1980, passed by Mrs. Khastagir, J. in an application for an order for vacating or modifying or varying the order of attachment dated Jan. 22, 1975. The application was apparently made under the provisions of Order 21. Rule 58 of the Civil P. C, as amended in 1976 but in the cause title it has been described as an application pro interesse suo or in the nature thereof.

( 2 ) THERE is no judgment in the matter but the learned Judge ordered as follows:"upon reading an application of Commissioner of payments (Coking Coal) (hereinafter referred to as the said applicant) pursuant to a notice of motion dated the first day of July last and upon hearing the Advocates for the parties appearing herein. It is ordered that the application made in this suit be and the same is hereby dismissed. And it is further ordered that the said applicant do pay to the plaintiff/respondents their costs of and incidental to this application to be taxed by the Taxing Officer of this court, And it is further ordered that the parties appearing in this suit be at liberty to apply on proper materials".

( 3 ) THE provisions of Order

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