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Mathura Nath Roy Choudhuri and ors. Vs. Basanta Kumar Chakravarti - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in2Ind.Cas.572
AppellantMathura Nath Roy Choudhuri and ors.
RespondentBasanta Kumar Chakravarti
Cases ReferredIn Mothur Chandra Majumdar v. Tara Sankar Ghose
Excerpt:
civil procedure code (act xiv of 1882), sections 558, 560 and 588 - bengal tenancy act (viii of 1885), sections 106, 109 a--appeal--dismissal for default--iteriral refused--order not appealable. - 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 109a, 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 sankar ghose 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 109a. the same principle also applies to this case. we, accordingly, dismiss this appeal with costs.
Judgment:

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 109A, 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 Sankar Ghose 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 109A. The same principle also applies to this case. We, accordingly, dismiss this appeal with costs.


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