JAGABANDHU SINGHA RAJAK Vs. SHIBASISH SINGHA

JUDGEMENT

(1.) THIS application is directed against the Order dated June 25, 2008 passed by the learned Additional District Judge, 1 st Court, Bankura in Misc. Appeal No.11 of 2006 thereby reversing the order being No.34 dated April 28, 2006 passed by the learned Civil Judge (Junior Division), 2 nd Court, Bankura in Misc. Case No.5 of 2003 under Section 8 of the W.B.L.R. Act, 1955.

(2.) THE respondent / petitioner herein instituted a proceeding being Misc. Case No.5 of 2003 under Section 8 of the W.B.L.R. Act, 1955 against the appellant / opposite party herein. THE opposite party contested the said misc. case and upon hearing both the sides, the learned Trial Judge allowed the application Section 8 of the W.B.L.R. Act on contests. Being aggrieved by such order, the opposite party preferred an appeal being Misc. Appeal No.11 of 2006. That appeal was allowed on contest holding that the misc. case was not maintainable and as such, the said misc. case was dismissed on contests without any costs. Being aggrieved, the respondent / petitioner herein has preferred this application. Now, the question is whether the impugned order should be sustained.

(3.) IN that view of the matter, I am of the opinion that the appeal is disposed of. The impugned order is hereby set aside. The learned Lower Appellate Court is directed to hear out the misc. appeal afresh on all points including the question of maintainability as indicated above. He shall dispose of the misc. appeal afresh as early as possible preferably within three months from the date of communication of this order to him. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.