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1963 Supreme(Ori) 68

G.K.MISRA
RAJKISHORE SAHU – Appellant
Versus
PUSHRAJ SAGARMAL – Respondent


Advocates Appeared:
J.M.MITRA, L.K.DAS GUPTA, R.N.SINHA, S.C.Ghose, S.C.SAHU

G. K. MISRA, J.

( 1 ) DEFENDANT-1 is the petitioner. Money Smt No. 107 of 1957 was decreed for Rs. 2917. 40 np. against the petitioner on 3-10-1961. On 8-12-1961 M. A. No. 79 of 1961 was filed before the District Judge and on the same day the syapeltent filed an application for time to pay the deficit court-fees. This was allowed till 21-121961. Again the appellant applied for time which was granted tin 3-1-1962. On this date the application for time to pay the deficit court-foes was rejected and the appeal was dis-missed. On 31-1-1962 an application was filed to set aside the order of dismissal and to accept the court-fees. Misc. case No. 11 of 1962 was registered under Order 41, Rule 19, C. P. C. On 7-2-1962, the appellant filed process fee but no requisites for postal service. On 27-2-1962 postal requisites were filed and the Court ordered issue of notice on the opposite parties fixing 4-41962 for retain. Despite this order, and the fact that the requisites had been filed, processes were not actually issued. This is a matter of mystery and it is somewhat astonishing that there is nothing to the judgment of the learned District Judge to indicate as to how the office did not issu





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