DEBANGSU BASAK,J. - (1.) Learned Advocate for the plaintiffs seeks recalling of the order dated August 29, 2016 dismissing
(2.) Learned Advocate for the plaintiffs submits fairly that, although no ground has been made out in the application for recalling the order, the affidavit- in-reply discloses that, the witness was labouring under a wrong presumption. The witness was advised by the learned Advocate for the plaintiffs not to attend the Court as the defendants not having disclosed their documents and not having undertaken the exercise of discovery of documents, the suit would be posted in the list of undefended suit and would be tried as such. He submits that, such causes be accepted as sufficient. The order of dismissal of the suit on August 29, 2016 be recalled.
(3.) The application is opposed by the defendant nos.1 and 3.;