The High Court cannot interfere with findings of fact in a second appeal on the ground of their being erroneous unless there is a substantial error or defect in the procedure prescribed by law.

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 to file by setting aside and quashing the dismissal order dated 20-7-1993 vide order dated 21-11-1995 passed in Civil Misc. Case No. 612 of 1995. Thereafter, on 3-1-1996 Shri B. Das, learned senior counsel for the appellant submitted that when he was not designated as Senior Advocate he filed the Vokalatnama. Now that Mr. Das has become Senior Advocate and, such, an Advocate will have to execute the Vokalatnama, Mr. Das contended on that day. On the prayer of Mr. B. Das, learned senior counsel for the appellant two weeks time was granted by this Court on 3-11996. Thereafter, on 29-1-1996 this Court considering the existing facts and circumstances of the case an order was passed to the extent that a notice be sent to the appellant under registered post with A / D. As per order of this Court passed on 29-1-1996, a notice was sent to the appellant under registered post with A / D. On 16-2-1996 Mr. B. Das, learned senior counsel has entered appearance on behalf of the appellant along with Mr. A. Bhattacharjee, Mr. P.S. Chakraborty, Mr. R. Debnath and Mr. N. Majumder, learned Advocates. On 20-3-1996 a prayer has been made for and on behalf of Mr. B. Das, learned senior counsel for the appellant for listing the case in the next week. On subsequent dates viz. 21-3-1996, 25-3-1996, 26-3-1996, 27-3l996, 28-3-1996 and 29-3-1996 this case was left over.

3. Now, today i.e. 3-4-1996 Mr. N. Majumder, learned Advocate for the appellant make another prayer for adjournment of this cases for a week on the ground that his senior Shri B. Das, is feeling uneasy and his health is not good. This is not a good ground for adjournment of a case particularly this case. Because Mr. N. Majumder, learned counsel is one of the conducting counsel of the appellant in this case. The appellant engaged as many as 5 Advocates including Shri B. Das, learned senior Advocate as his counsel for conducting the case. For the last more than 12 years the appellant failed to talke steps for service of notice upon the respondents.

4. As this case is a very old case it requires expeditious disposal of it. From the existing and prevailing circumstances, this Court is to examine as to whether this Second appeal can be disposed of on its own merit without service of notice upon the respondents.

5. After proper application of my mind in the matter as well as after perusal of the materials available on record, I am of the view that this can be disposed of without service of notice upon the respondents on its own merit.

6. A Suit being Title Suit No. 32 of 1979 was filed by the plaintiff-respondents in the Court of the learned Munsiff, Dharmananagar North Tripura for recovery of arrears of rent, compensation for over stay valued at Rs. 450/- and also for ejectment va