Rash Behari Saha v. Phani Bhusan Haldar

Chatterjea and Cuming, JJ.:— We think that the petitioners must first of all move the Sessions Judge under section 435, and ask him to exercise his powers under section 438.

It is not the practice of this Court to entertain applications of this nature, unless the party has first moved the Sessions Judge to make a reference to this Court.

The Rule is discharged on the above ground.

E.H.M

Rule discharged.