( 1 ) IN this matter when this Court, after hearing Mr. Sudhis Dasgupta, learned Counsel for the appellant, was about to formulate the substantial questions of law for admission of this appeal, Mr. Bimal Chatterjee, learned Counsel for the Caveator intervened and urged that the court should hear him on behalf of the respondent-Caveator at the initial stage of formulation of the questions of law and he is entitled to point out that no such questions actually arise in this case.

( 2 ) THE issue which crops up in view of the submission of Mr. Chatterjee is whether the respondent is entitled to be heard at the initial stage when the court formulates the question. The learned Counsel for the Caveator submits that once the court formulates the question and admits the appeal for hearing, the hearing normally takes place after a considerable period of time and his client will be denied the benefit of his right which has been crystallized in the judgment and decree of the First Appellate Court. According to the learned Counsel since his client's right will come under a shadow, as a result of the admission of this appeal with the formulation of substan