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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.