SUBODH Vs. SUDHIR

JUDGEMENT

(1.) This application is direct, ed against an order setting aside under Section 151, Civil P. C., an order of dismissal of an application under Section 174 (3) of the Bengal Tenancy Act.

(2.) It appears that the application for setting aside the sale was put up before the Munsif on 1st March 1947, and on that date, hearing was adjourned to 28th April 1947, "for orders awaiting reciept of the record from the appellate Court." The case was, however, never put up on 28th April because on an earlier date it was dismissed for default. The circumstances under which it was dismissed for default are peculiar. It appears that after the Court had, on 1st March 1947, adjourned the case to 28th April 1947, the records on being received from the High Court were put up before the Munsif on 14th March 1947. On that date, apparently in the absence of either party, the Munsif passed the following orders:

(3.) Accordingly, on 19th March 1947, the record was put up before the Munsif and the following order was passed: