Kedarnath Kanoria And Ors. vs Khaitan Sons And Co. on 17 December, 1958
8. The appellants have cited a judgment of the Division Bench of the Madras High Court reported in American Baptist Mission v. Pattabhiramayya, AIR 1919 Mad 685 and also a judgment of the Calcutta High Court reported in Kedarnath v. Khaitan Sons & Co. . I do not find that the questions which have been discussed hereinabove were adverted to at all. Particularly the paramount significant which the Civil P.C. attaches to O. 22, R. 1 repealing the rule of automatic abatement, does not appear to have considered.