1. In my opinion, having regard to the language of Section 389 of the Civil Procedure Code, the plaintiff is entitled to refer to the evidence as a matter of record. I shall follow the decision in Dwarkanath Butt v. Gunga Dayi (1872) 8 B.L.R., Ap., 102.
2. Attorney for the Plaintiff: Babu Romesh Chunder Basu.
3. Attorney for the Defendant Nundo Lall Bose: Babu Hirendra Nath Dutt.
4. Attorney for the Defendant Pasupaty Nath Bose: Messrs. G.G. Chunder Co.