[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.
Mathura Nath Roy Choudhuri v. Basanta Kumar Chakravarti
Mathura Nath Roy Choudhuri v. Basanta Kumar Chakravarti
(High Court Of Judicature At Calcutta)
No. | 13-11-1908
Advocate List
Bench
- HON'BLE MR. JUSTICE MITRA
- HON'BLE MR. JUSTICE CHITTY
Eq Citations
- 2 IND. CAS. 572
- (1909) ILR 36 CAL 510
- LQ/CalHC/1908/122
Head Note
Constitution of India — Arts. 134 and 226 — Appeal under S. 588, CPC, in a case arising under S. 106, Bengal Tenancy Act, 1938 — Maintainability — Held, S. 109-A(3), Bengal Tenancy Act, 1938, confines power of High Court to hearing of second appeals and not appeals from orders, either under S. 558 or S. 560, CPC — Hence, appeal dismissed
