RAJA BHAIRABENDRA NARAYAN DEB Vs. KUMAR PUNYENDRA NARAYAN DEB

JUDGEMENT

(1.) This is an appeal from the order of the learned District Judge, A. V. D. dated 29th May 1947 by which he on review reversed his previous order dated 14th Dec. 1946, dismissing in default a petition of Kumar Punyendra Narayan Deb, who is the respondent in this appeal.

(2.) The respondent had applied under Sec. 4, Bengal Regulation, V [5] of 1799, praying that security be taken from Kumar Bhairabendra Narayan Deb, opposite party, (now appellant) against whom title Suit No. 42 of 1940 was pending in the Court of the Subordinate Judge, Alipore.

(3.) On 23rd Nov. 1946 objections against the petition were put in by the appellant. The presiding officer of the Court (District Judge) was not present on that date. He was out on tour. His Sheristadar noted the fact that objection petition, supported by an affidavit had been put in by opposite party No. l and then directed that the case be put up on 14th Dec. in the presence of the pleaders 'for orders.' Petitioner's counsel. evidently was not present when this order was written. His presence is not noted.