JUDGMENT:- A prayer has been made by Shri N. Majumder learned Advocate for and on behalf of the appellant for adjournment of the case for week. I have heard Shri N. Majumder, learned counsel for the appellant.

2. This second appeal was admitted on 20-5-1982. No steps was taken by the appellant for service of notice upon the respondents for a long time after the case was admitted. By an order dated 19-7-1993 this Court made the following observations:

" Records indicate that since 1982 the appellant did not take steps to deposit Talabana. Office note dated 16-7-1993 also indicate that Talabana has not been filed. Learned counsel submits that he has taken steps and deposited the Talabana.

Office is directed to enquire and report by tomorrow.

List this case tommorrow."

On the same day i.e.19-7-1993 the office made a report that on scrutiny the matter has been checked and found that Talabana has not been filed till today (19-7-1993). On 20-7-1993 the appeal was dismissed on the ground that no steps have been taken by the appellant to file Talabana or to take any steps. On an application filed on behalf of the appellant in the year 1995, this case has been restored