DAGU NATH SAHA ROY Vs. BISWAMBHAR SAHA ROY

JUDGEMENT

(1.) This Rule was heard ex parte by Mr. Justice R.C. Mitter on January 18, 1935, and was made absolute. The same learned Judge on February 25, 1935, decided that the non- appearance of the opposite party at the time of hearing bad been satisfactorily explained arid he vacated his previous order. It has now been fully argued by Advocates for both parties.

(2.) The facts are simple.

(3.) The plaintiff petitioner filed a suit to establish his right to an easement of light and air in the Central Munsifs Court at Dacca and obtained an interim injunction restraining the defendant from raising a wall during the pendency of the suit.