HEM CHANDRA BOSE Vs. APARNA PROSANNA KONAR

JUDGEMENT

(1.) For a proper appreciation of the points raised in this appeal we need refer to the following facts:

(2.) The judgment debtors failed to pay either of the two instalments. On November 6, 1948, the Plaintiffs decree-holders filed a petition for making the decree final. On December 3, following that application was dismissed on the ground that the notices required to be giver, on the Defendants under Section 34 of the Bengal Money Lenders Act had not been issued.

(3.) On January 20. 1948 the Plaintiffs decree-holders filed another application for making the decree final. Certain notices under Section 34 of the Bengal Money Lenders Act were issued. Objections however were raised by the judgment debtors that, the alleged notices were not in accordance with law. On June 2. 1949 the objections were heard and the court found some of the notices to have been defective. It was ordered: