- (1.) This appeal will be heard on the following substantial question of law: Whether the learned judges in the Courts below substantially erred in law in decreeing the suit without granting a notice to the defendant after restoration of the suit, which stood dismissed for default? Mr. Madhusudan Sur, learned advocate, has entered appearance by filing a vakalatnama on September 14, 2011 on behalf of the respondents under filing No. A-14847.
(2.) Mr. Sur, learned advocate accepts notice of this appeal on behalf of the respondents.
(3.) Although the matter is appearing under the heading Tor orders', by consent of Mr. Hiranmoy Bhattacharya, learned advocate appearing for the appellant, and Mr. Madhusudan Sur, learned advocate appearing for the respondents, the appeal itself is taken up for hearing upon dispensation of all formalities.;