ORDER :- This Rule was issued at the instance of one Syed Ali Mondal under the following circumstances:

2. Syed Ali Mondal was the purchaser of some properties sold at a Court sale held in Rent Execution Case No.649 of 1952 in the Court of the 2nd Munsif, Baraset. Thereafter the judgment debtors filed an application on 17-3-1953 for setting aside the sale under S.174(3), Bengal Tenancy Act. An objection was filed to that petition by auction-purchaser Syed Ali Mondal on 2-5-1953. Notices were thereafter issued to the persons who were made opposite parties in the sale set aside case.

But it appears that the notice was duly served on opposite party No.5 who was subsequently made a party in that case. The result was that on 3-10-1953, the Court recorded an order, in the order-sheet directing the petitioner to take steps for fresh service of a registered post card upon the above opposite parties by 14-11-1953. On that date the petitioners filed hajira but did not take any steps for service of fresh notice by registered post as they had been directed to do by the order of the previous date and so the case was dismissed for non-prosecution.

On 19-11-1953 the petitioners filed an application

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