Judgment 1. THIS is an appeal filed by the appellant under Section 183 (3) of the Calcutta Municipal Act, 1951 against the decision of Shri A. K. Dasgupta Judge Small Causes Court, Sealdah passed in municipal Appeal No. 379 of 1975 on 30th November, 1977. 2. A question has arisen whether the provision of Order 41 Rule 11 of the code of Civil Procedure is applicable in respect of such Municipal Appeal. Order 41 Rule 11 of the Code of Civil Procedure provides:- "(1) The Appellate Court, after sending for the record if ft thinks fit so to do, and after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on that day, may dismiss the appeal without sending notice to the Court from whose decree the appeal is preferred and without serving notice on the respondent or his pleader. (2) If on the day fixed or any other day to which the hearing may be adjourned the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. (3) The dismissal or an appeal under this rule shall be notified to the court from whose decree the appeal is preferred. (4) When an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (l), it shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in accordance with the Judgment". Rule 12 of Order 41 provides that unless the Appellate Court dismisses the appeal under Rule 11 it shall fix a day for hearing of the appeal and Rule 13 of the said order provides that where the appeal has not been dismissed under Rule 11 the Appellate Court shall send notice or appeal to the Court for which the decree in appeal is preferred. 3. IN case Second Appeals and First Miscellaneous Appeals are set down for admission under Order 41 Rule II of the Code Court, has powers to summarily dismiss the appeal if it is to the opinion of the Court that there was no prima facie Case for admission of such appeal. 4. THIS is an appeal filed under sub section (3) of Section 183 of the Calcutta municipal Act, 1951. 4. THIS is an appeal filed under sub section (3) of Section 183 of the Calcutta municipal Act, 1951. The provision of Section 183 of the Calcutta Municipal act provides :- "(1) Any person dissatisfied with any order under section 182 may appeal to the Court of Small Causes having jurisdiction in the place where the land or building, to the valuation of which the objection was made, is situated. (2) Such appeal shall be presented Ho such Court of Small Causes within forty five days from the date of the order passed under section 182 and shall be accompanied by a copy of the order. (3) An appeal from a decision made by the Court of Small Causes shall lie to the High Court. (3a) No appeal under this section shall be entertained unless the consolidated rate payable up to the date of presentation of the appeal on the valuation determined - (a) by an order under section 182, in the case of an appeal to the court of Small Causes. (b) by the decision of the Court of Small Causes, in the case of an appeal to the High Court has been deposited in the municipal office and such consolidated rate is continued to be deposited until the appeal is finally decided. (4) The provisions of Parts II and III of the Indian Limitation Act, 1908. (IX of 1908), relating to appeals, shall apply to every appeal preferred under this section." Right of appeal is not an inherent right. It is essentially a creature of statute. Unless the right of appeal is specifically given by a statute it never exists and consequently right of appeal toeing a statutory right cannot be inferred by implication. Right of appeal being a statutory right cannot be inferred by implication. Right of appeal on being conferred by statute becomes a vested right. Sub-section 4 of Section 183 of the Calcutta Municipal Act provides only that some of the provision of the Indian Limitation Act relating to appeal shall apply to every appeal preferred under this section. Right of appeal being a statutory right cannot be inferred by implication. Right of appeal on being conferred by statute becomes a vested right. Sub-section 4 of Section 183 of the Calcutta Municipal Act provides only that some of the provision of the Indian Limitation Act relating to appeal shall apply to every appeal preferred under this section. So it is made clear that the legislature only provided the period of limitation as prescribed in such appeal to the High Court should be made applicable or in other words within the period of limitation prescribed by the legislature an appeal can be filed under sub-sections (1) and (3) of Section 183 of the Calcutta Municipal act, 1951. Unless there is a provision under which the Code of Civil Procedure is made applicable to all appeals filed under the Calcutta Municipal Act or the rules framed there under it cannot be said that the appeal could be set down under Order 41 Rule 11 of the Code of Civil Procedure for summary dismissal. Under Rule 17 Chapter V, Part II of the Appellate Side Rules, all appeals, except those from (a) Original decree and those under (b) Workmen's Compensation act, (c) Article 226 of the Constitution, (d) Railways Act and (e) Motor Vehicles act are to be posted for hearing under Order 41, Rule 11 of the Code of Civil procedure. In respect of appeal under the provision of the Arbitration Act is concerned it appears that Section 41 (a. Arbitration Act has made the Code of civil Procedure applicable to all appeals under the Arbitration Act subject to the provision of the Arbitration Act and the Rules made there under. Appeals from various Orders under the Arbitration Act are provided in Section 39. The applicability, therefore, shall be governed by Section 39 of the Act; but once an appeal is filed from any order, the same shall be governed by Order 43, Rule 2 whereof would make Order 41 applicable. 5. Appeals from various Orders under the Arbitration Act are provided in Section 39. The applicability, therefore, shall be governed by Section 39 of the Act; but once an appeal is filed from any order, the same shall be governed by Order 43, Rule 2 whereof would make Order 41 applicable. 5. OF course Order 41 Rule 11 provides not for admission of the appeal but for summary dismissal of the appeal or in other words High Court have been conferred power under Order 41 Rule 11 of the Code to summarily dismiss the appeal to be the court is of the view that there o merit of the appeal and accordingly the appeal is summarily dismissed without issue any notice to the opposite parties. The right of appeal is the creature of the statute and if the statute provides the manner of dismissal in that even the court can dispose of such an appeal in that manner. The Rules of this Court i.e. The Appellate side Rules also provide that all such appeals filed under the Calcutta municipal Act shall be posted for hearing under Order 41 Rule 11 of the Code of Civil Procedure. 6. RULE 17. Chapter V. Part II of the Appellate Side Rules provide that all appeals except those mentioned therein shall have to be posted for hearing under Order 41 Rule 11 of the Code of Civil Procedure. This Rule has been framed for the laying down procedure to be fallowed in this Court. Thus the appeal filed under Sub sections (1) and (3) of Section 183 of the Civil Procedure code of the Calcutta Municipal Act not being thus excepted is therefore liable to be placed for hearing under Order 41 Rule 11 of the Code of Civil Procedure. It is clear from the language used under Order 41 Rule 11 of the Code that it does not provide also for appeal but for summary dismissal of the appeal or in other words the court can scrutinize the appeal and if the Court is of the opinion that there is no substance of the appeal which warrants hearing of the appeal with notice to the Opposite parties the court can dismiss such an appeal summarily in the absence of the respondent. This is to eliminate appeal without any substance at the initial stage. This is to eliminate appeal without any substance at the initial stage. Accordingly, since the Appellate side Rules are Rules laying down the procedures for dismissal of the appeals by this Court and since the Appellate Side Rules had been excluded from the purported Order 41 Rule11. Further, hearing under Order 41 Rule 11 the code, amounts to hearing of the appeal. The only difference is that such hearing is to be taken in a summary manner arid if the court finds that there is no substance in the appeal which call for issuing of a notice to the opposite parties, the Court may summarily dismiss, on the contrary if the court finds that considering Order 41 Rule 11 of the Civil Procedure Code there is substance in the appeal which requires hearing of the appeal with notice to the other side and in regular manner, in that event the Court directs that the appeal will be heard with notice to the respondents. So, in our view, the procedure laid down under Order 41 Rule 11 of the code whether being followed by this Court does not take away the right of appeal provided by the several statures. 7. ACCORDINGLY, we are of the view that the appeals filed under Section 83 (3) of the Calcutta Municipal Act are required to be set down for hearing under Order 41 Rule 11 of the Code of Civil Procedure. Preliminary point decided.