TULSIRAM SHAW Vs. RAMBADAL SAMBHUNATH

JUDGEMENT

(1.) This is an application for setting aside an ex parte decree passed on 6-4-1955, and for restoration of the said suit to the peremptory list to be re-heard by this Court.

(2.) In this suit the plaintiff claimed a decree for Rs. 8,100/- on account of arrears of rent, Interest and costs. The suit was instituted in 1950. It appeared in the warning list on 2-4-1955, according to the applicant and on 1-4-1955 according to the respondent. The defendant had also filed a suit against the plaintiff herein in the year 1951 being suit No. 1124 of 1951, claiming a sum of Rs. 22000/-. On 2-4-1955 the attorney for the defendant Sri B. B. Ghose wrote a letter to the Registrar of this Court as follows:

(3.) The case made by the petitioner is that he had left Calcutta on 21-3-1955 for Vindhyachal in connection with Mundan Ceremony of his grandson. Soon after his arrival there he was attacked with Influenza and Bacillary dysentery and was confined to bed. The petitioner, it is alleged, was under the treatment of one Gopinath Misra, a practising Vaidya. This gentleman has affirmed an affidavit herein to the effect that Rambadal Sambhunath was under his treatment from 30th March to 10th April 1955 and he was advised complete rest and as such was unable to return to Calcutta within that period. The petitioner also states that during his absence there was no responsible person at Calcutta who could give evidence on his behalf. It is stated that his Munib one Mahesh Prosad was also away at Gamar, District Gazipur, U. P., to attend the Sradh Ceremony of his mother.