Mathura Nath Roy Choudhuri and Others vs Basanta Kumar Chakravarti

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