1959 Supreme(Cal) 188
S.P.MITRA
Benoy Krishna Rohatgi – Appellant
Versus
Surajbali Misra – Respondent
Advocates:
Chandan Banerjee, for Applicant; Sambhu C. Ghose, for Respondents.
JUDGMENT : - This is an application for review under the provisions of O. 47 R. 1 of the Code of Civil Procedure. On 13th March, 1951 the plaintiff instituted this suit, inter alia, for the recovery of possession of the land at premises No. 12/1/1A, Khangraputty Street, in Calcutta. The suit appeared in the appropriate Prospective List C on the 17th November, 1956. Mr. M. R. Bose, a Solicitor of this Court was appearing on behalf of the defendants but in the Prospective List the name of Messrs. Mitter and Bural appeared as the defendants attorneys. On the 12th February, 1952 the suit appeared in my Warning List. Here, again, Messrs. Mitter and Bural were stated to be the defendants solicitors. The suit was placed in my Peremptory List on the 14th February 1958. The same mistake was committed in the Peremptory List as well. On the 14th February, 1958 the suit was passed over twice and on the third occasion an ex parte decree in favour of the plaintiffs was made by me. On the 9th January 1959 Mr. M. R. Bose, Solicitor for the defendants, wrote to the plaintiffs Solicitor asking for inspection of the document disclosed by the plaintiffs. The plaintiffs Solicitor replied that an ex par
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