Surendra Nath Dutt vs Malati And Anr. on 29 May, 1942
The legal aspect of the question was discussed at some considerable length in Mukherjea J.'s judgment in Malati Dutt v. Surendra Nath Dutt cited above. The learned Judge pointed out that the provision contained in Part 1, Ch. 3, Rule 3 of the Appellate Side Rules "is very general in its expression and does not specifically cover a case of this description." He went on to say that: