JUDGMENT

Nasim Ali, J. - (Revision No. 963 of 1939.) The facts which are not in dispute in this rule are as follows : On 10th November 1937, the petitioners filed an application for settlement of their debts before the Debt Settlement Board, Howrah, u/s 8, Bengal Agricultural Debtors Act. The application was dismissed by the Board on 19th January 1938, on the ground that the petitioners were not "agriculturists." They appealed against this decision to the Appellate Officer. This appeal was dismissed on 25th May 1938. They applied for review u/s 44(b) of the Act, but this application was also rejected. Petitioners 1 to 4 thereafter filed another application before the Special Debt Settlement Board, Howrah u/s 8 of the Act for settlement of their debts. This application was dismissed on 27th November 1938, on the ground that a fresh application was not maintainable. They applied for a review of this order. The opposite party creditor was not present on the date of the hearing of this application. On 19th March 1939 the Board allowed the application for review and fixed 16th April 1939 for hearing on the merits. On 1st May 1939 the Board issued a notice u/s 34, Bengal Agricultural Debt