MUKUNDA DAS NANDY Vs. BIDHAN CHANDRA ROY

JUDGEMENT

(1.) This appeal is by some of the substituted defendants and it arises out of a suit for ejectment and mesne profits. The suit has had chequered career. It came up once to this Court on appeal from the decree, passed by the learned Subordinate Judge on an earlier occasion. The said appeal was allowed in part, the decree of the learned Subordinate Judge was set aside and the case was remanded to the trial court for final disposal in accordance with the directions, contained in the judgment of this Court.

(2.) After remand, the suit was decreed again by the learned Subordinate Judge and, against this new decree, the present appeal was preferred in this Court on 24-12-1958.

(3.) In the appeal, the appellants filed, on 24-2-1959, an application, for stay of execution of the decree, appealed from, and that application was eventually heard by the Court as a contested application and allowed on 6-3-1959, with a direction, inter alia, that the paper books in the appeal were to be filed by 17-4-1959, and the appeal was to be placed on the Daily List for hearing a fortnight after the filing of the paper books. The paper books were duly filed on 17-4-1959 but, by consent, the date of hearing of the appeal was shifted ultimately to 7-5-1959, and it was actually taken up for hearing on that date.