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1908 DIGILAW 274 (CAL)

Mathura Nath Roy Chaudhuri v. Basanta Kumar Chakravarti

1908-11-13

CHITTY, MITRA

body1908
JUDGMENT Mitra and Chitty, JJ. - 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 u/s 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 u/s 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 u/s 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.