SURENDRA NATH DUTTA Vs. MOHINI MOHAN CHAKRAVARTY

JUDGEMENT

(1.) This is a debtor's application for the revision of an order passed by the Munsif at Basirhat, directing that an earlier order dismissing for default a certain execution case be set aside and the case restored to file along with the miscellaneous case which had been started in connection with those execution proceedings.

(2.) To appreciate the point raised before this Court, it will be necessary to refer in short to the relevant facts leading to the order of dismissal mentioned above. The Bank of Commerce obtained a decree against the debtor petitioner in the Court of Small Causes at Calcutta on 11-8-1938. Attempts were made to realise the decretal amount on different occasions, and on 8-8-1950, the last application for execution was filed. This was after an order was obtained from the Court of Small Causes for transfer of the decree to a Court in the District of 24 Pargannas. Prom the ordersheet it appears that the pleader who was engaged took various steps in connection with this execution case, though on 7-9-1950, an order had been passed by the Original Side of this Court appointing the Official Receiver as liquidator of the decree-holder Bank. No steps were, however, taken to bring on the record the name of the Official Receiver in place of the original Bank as decree-holder. All the offices of the Bank were locked up, and the directors and the employees of the Bank had no authority after 7-9-1950, to act in any manner on behalf of the Bank.

(3.) On behalf pf the Official Receiver it has been stated that he was first apprised of the pendency of these execution proceedings about 23-11-1950, from a letter which had been written by the pleader who had been in charge of the execution case to one of the ex-employees of the Bank. On" 28-11-1950, the Official Receiver addressea a letter to the Munsif in whose court the proceedings were pending and intimated him that he had been appointed liquidator, and some time might be given for taking formal steps. This letter was put up before the Munsif on 30-11-1950. From a note made by the Munsif on this letter it appears that he directed that the letter might be put up along with the record. On 13-12-1950, the next date of the hearing of the execution case along with the miscellaneous case which had been started in the meantime, the letter in question was not put up, and the execution case was dismissed for default.