Kolkata Court April 1955 Judgments
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Mahabir Chandra Gelada Vs. Sohanlal Boid
Court: Kolkata
Decided on: Apr-04-1955
Reported in: AIR1955Cal476
ORDERP.B. Mukharji, J.1. This is an application to set aside an ex parte order of dismissal made on 24-2-1955. The application is made by the plaintiff. The suit appeared on the peremptory list for hearing on 24-2-1955. No one appeared on behalf of the plaintiff. It is now said in para 16 of the petition used in support of the notice of motion and in explanation of the non-appearance that the learned counsel engaged on behalf of the plaintiff was busy in another Court actually cross-examining a witness at the time when this suit was called on for hearing. The defendant's Counsel was present on that date, and it is alleged that he prayed for the dismissal of the suit. The suit was dismissed with costs to the defendant and certified for two Counsel.2. It is unfortunate that only one counsel was engaged for the plaintiff in this case although the claim in this suit is for about Rs. 30,000/-. An Attorney who briefs one counsel for the hearing of a suit placed on the interlocutory Court whi...
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