(1.) This is an appeal by Defendant No. 1 and is directed against an order of Mr. P.C. Roy Choudhury, learned subordinate judge, 3rd Additional Court, Alipore, district 24-Pargands, dated July 3, 1952.
(2.) The facts which have given rise to this appeal are as follows:
(3.) The Appellant accordingly prayed that the result of the action on the part of the Plaintiff had caused prejudice and that the Plaintiff was resorting to delaying tactics. Defendant No. 1 (Appellant) prayed for dismissal of the suit for want of prosecution.