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Mathura Nath Roy Chaudhuri Vs. Basanta Kumar Chakravarti - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in(1909)ILR36Cal510
AppellantMathura Nath Roy Chaudhuri
RespondentBasanta Kumar Chakravarti
Cases ReferredIn Mothur Chandra Majumdar v. Tara Sunkar Ghose
Excerpt:
appeal - bengal tenancy act (viii of 1885), sections 106, 109a--civil procedure code (act xiv of 1882), sections 558, 560--appeal from order under section 106 of the bengal tenancy act, if lies to high court. - mitra and chitty, jj.1. a preliminary objection has been taken to the hearing of this appeal on the ground that section 588, code of civil procedure, does not apply to proceedings under section 106 of the bengal tenancy act. section 109(a), sub-section 3, confines the power of the high court to the hearing of second appeals and not appeals from orders, either under section 558 or section 560. in mothur chandra majumdar v. tara sunkar ghose (1903) 7 c.w.n. 440 this court declined to allow an appeal from an order under section 562, code of civil procedure, made by a special judge exercising the powers given to him by section 109(a). the same principle also applies to this case. we accordingly dismiss this appeal with costs.
Judgment:

Mitra and Chitty, JJ.

1. A preliminary objection has been taken to the hearing of this appeal on the ground that Section 588, Code of Civil Procedure, does not apply to proceedings under Section 106 of the Bengal Tenancy Act. Section 109(A), Sub-section 3, confines the power of the High Court to the hearing of second appeals and not appeals from orders, either under Section 558 or Section 560. In Mothur Chandra Majumdar v. Tara Sunkar Ghose (1903) 7 C.W.N. 440 this Court declined to allow an appeal from an order under Section 562, Code of Civil Procedure, made by a special Judge exercising the powers given to him by Section 109(A). The same principle also applies to this case. We accordingly dismiss this appeal with costs.


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