- (1.)The Court: The appeal is treated as on the day's list and the stay application and the appeal are disposed of together. No affidavits are called for and as such the allegation in the petition cannot be taken to be admitted.
(2.)Mr. Bose's client, the appellant, claiming himself to be an executor of a yet unprobated will of one of the deceased parties to a partition suit, made an application for being added as a party and one Hon'ble Judge of this Court allow that application. It was recorded that in spite of notice some of the respondents did not appear and contest the application for addition.
(3.)Later on the said respondents made an application for recall of the order. It was an application in the nature of an application for recall of an ex parte order wherein the aggrieved party pleaded just cause for non-appearance.
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