1. THIS is an appeal against an order passed on September 25, 1974 by A. K. De, J. in Suit No. 3069 of 1956 in the Ordinary Original Civil Jurisdiction of this Court rejecting an application filed by the appellant under Section 476 of the code of Criminal Procedure read with Section 195 of the Code now under Sections 195 and 340 of the Code (1973.

2. NANDARANI Dasi, mother of the appellant, filed the suit for recovery of money due on a mortgage. She signed the plaint and the Warrant of Attorney in English as she used to sign her name mostly in English. She got a final decree. She put up for sale the mortgaged properties. In that connection a petition purportedly signed by Nandarani Dasi was filed on 1st of March 1960. The defendants of the suit made an application on 25th July for setting aside the Court's order made on Nandarani's petition. An affidavit-in-opposition was filed on 3rd of August 1960. Nandarani Dasi died on 24th December, 1970. The petitioner on going through the record on 3rd of September 1971 detected that various criminal offences had been committed in the said suit by his brother Murari, his father Kashinath and Murari's wife Nandita, and as such an appl