BANKIM CHANDRA BANERJEE Vs. SARJOO TEWARI

JUDGEMENT

(1.) This Rule was issued at the instance of the plaintiff and is directed against an order of the Presidency Court of Small Causes directing stay of proceedings under Section 41, Presidency Small Cause Courts Act, 1882, under Section 47 of the said Act.

(2.) The matter came up for hearing before Chunder J. By an order dated 13-1-1953 it was referred to a Division Bench and has now come up before us.

(3.) The facts which gave rise to the present Rule may be shortly stated as follows :